Cases inconsistent with the reasoning of the judgment

In a case where the non-party purchased forest land from the plaintiff, but still did not register the transfer of ownership in his own front, if the intermediate registration was omitted for the purpose of securing a claim against the defendant against the non-party and the transfer of ownership was completed, the plaintiff's obligation to register the transfer of ownership against the above non-party was fully fulfilled. However, if the plaintiff fully pays his debt due to the opposing conflict of the non-party, the court below erred by misapprehending the legal principles on the performance of the obligation to register the transfer of ownership or by misapprehending the legal reasoning on the failure of reason.

Article 394 of the Civil Procedure Act

Plaintiff 1 and one other

Defendant

Seoul High Court Decision 70Na574, 575 delivered on December 26, 1970

We reverse the original judgment.

The case is remanded to Seoul High Court.

The first ground for appeal by the defendant's attorney is examined.

According to the statement of the judgment of the court of first instance cited by the court below, when borrowing KRW 6,50,00 from the non-party to the defendant, the court below held that if the non-party already purchased the non-party as collateral, but the non-party still did not register the ownership transfer to the non-party, the provisional registration for preserving the right to claim ownership transfer of the non-party to the two lots of forest land, such as the purchase of the non-party, was omitted; it was confirmed that the non-party will pass through each of the defendant; and the substantial owner of the two lots of forest land registered as the non-party, etc. can exercise his ownership in external relations, but only the non-party can exercise his ownership as collateral for the above non-party's obligation. However, the court below did not err by misapprehending the legal principles as to the non-party's obligation to claim ownership transfer registration for the purpose of the non-party's obligation to obtain ownership transfer registration for the non-party's obligation to obtain ownership transfer registration for the purpose of the non-party's obligation to obtain ownership registration of the non-party.

Therefore, it is so decided as per Disposition by the assent of all participating Justices.

[Judgment of the Supreme Court (Presiding Judge) Nabri-dong and Dobri-Jaking Hanwon