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(영문) 대법원 1976. 4. 13. 선고 75다1816 판결
[소유권이전등기말소][공1976.5.15.(536),9103]
Main Issues

The validity of the registration where the intermediate omission registration was already passed without agreement but the sales contract was duly formed between the parties concerned.

Summary of Judgment

In the case where the intermediate omission registration has already been passed through, unless the sales contract has been duly concluded between the parties concerned, the registration shall not be deemed null and void only on the ground that there has been no agreement on the intermediate omission registration.

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Defendant 1 and one other

Intervenor-Appellee

[Defendant, Appellant] Korea-Japan Bank

original decision

Daegu High Court Decision 73Na712 delivered on July 29, 1975

Text

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

Reasons

Judgment on the grounds for appeal by the Plaintiff administrator;

If all the evidences cited by the original judgment are examined by comparison with the records, it is sufficient to accept the fact of recognition as the original judgment as the result of the original judgment. Thus, the original judgment is just and it is sufficient to accept the fact of the original judgment. Thus, the original judgment is deemed that the seal of the plaintiff No. 6-1 (sales Contract) with the plaintiff No. 7-1, No. 7-2 (S. Hongjin), which points out the plaintiff's title, is identical, and the above Eul's above evidence No. 7 is recognized, and the above evidence and other evidences are comprehensively taken into account, and the ten persons such as the plaintiff who is China and China, etc., are 10 in Daegu City No. 20 (1921) 5.6, Daegu City No. 1921) which concluded that the plaintiff had no influence on the establishment of an interim sale contract as the representative of the non-party, and thus, the court below's judgment did not contain any error in the misapprehension of the legal relationship of the plaintiff's title and the non-party's share in its interim sale registration.

Therefore, the appeal is dismissed as it is without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Han-jin (Presiding Justice)

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심급 사건
-대구고등법원 1975.7.29.선고 73나712