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(영문) 대법원 1962. 6. 7. 선고 4294민상1538 판결
[원인무효에대한부동산이전등기말소등기절차][집10(3)민,006]
Main Issues

Where the contractor bears the whole construction materials of the building and the contractor sells the building to another person after the completion of the construction work, the validity of delivery of the building and the ownership of the building shall be vested in the sales contract.

Summary of Judgment

Where the contractor bears all the construction materials of the building and the contractor contracts the building to another person after completion of the construction, if the contractor puts his/her name and affixes his/her seal on the sales contract to the other person, it may be deemed that the contractor

[Reference Provisions]

Article 664 of the Civil Act

Plaintiff-Appellee

Maximum iron;

Defendant-Appellant

The grandchildren's room

Judgment of the lower court

Busan District Court Decision 60No832 delivered on August 31, 1961

Text

We reverse the original judgment.

The case shall be remanded to the Daegu High Court.

Reasons

The grounds of appeal by the defendant's attorney are as shown in the appellate brief attached in the attached Form.

The grounds of appeal are examined. The plaintiff recommended sale from the non-party Kim Jong-jo and directly received 5.9 million won from the defendant, out of the purchase price, and the plaintiff himself affixed his name on the receipt of down payment. Thus, in light of the records, the plaintiff alleged that the ownership of the building was transferred to the above non-party, and the plaintiff's certificate No. 1 (the plaintiff's real estate sales contract for the non-party Kim Jong-jo, the seller of the building) submitted by the defendant as a method of proving the above facts was clearly affixed with the plaintiff's name as the observer, and the plaintiff's signature was affixed to the non-party No. 2 and the non-party No. 2, who did not dispute the establishment. The court below rejected the defendant's assertion that the plaintiff did not acquire all legal responsibilities since it did not know that the non-party No. 9 (the non-party No. 1's real estate sales contract for the non-party No. 1) did not have any legal responsibilities since it did not know that the plaintiff's ownership was not acquired the above evidence.

Therefore, the defendant's appeal is with merit and it is so decided as per Disposition by the assent of all Justices who participated in the judgment of the court below in order to hold a new trial.

The judges of the Supreme Court, both judges (Presiding Judge) and Magyeong, Mag-Jak, the highest leapble leapbal of Red Mags

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