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(영문) 대법원 2016.03.24 2015다11281
건물명도등
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Where the other party to a transaction actively participates in an act of breach of trust, such as inducing the other party to the transaction to commit an act of breach of trust or participating in the whole process of the act of breach of trust, the contract entered into with the executor is deemed null and void as it constitutes an anti-social juristic act (see, e.g., Supreme Court Decision 2006Da47677, Mar. 26, 2009). Any person who has benefit in claiming invalidation of a juristic act, the content of which is contrary to good morals

Therefore, the registration of ownership transfer on real estate has been completed due to anti-social order legal act.

Even if the registration will be cancelled as a cause invalidation, so if the title holder exercises a real right claim based on ownership, the other party who exercises the right can assert the invalidity of the above legal act as a defense.

2. According to the reasoning of the judgment below, the court below acknowledged that the plaintiff promised to give honorariums to the I who was in charge of the public sale of the company C in order to purchase the store of this case at a low price, and that the above I restricted open competitive bidding by means of violating his duties in the course of the public sale of the store of this case in accordance with the public offering with the plaintiff, and then sold the real estate at a low price through a private contract to the plaintiff. The court below determined that the plaintiff's purchase of the real estate of this case constitutes an anti-social juristic act, since the plaintiff voluntarily promoted or actively participated in the act

Then, the court below did not have any legal basis for claiming the invalidity of the Plaintiff’s act of purchasing the store of this case since the Defendant was merely an occupant of the store of this case.

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