Where a registration of transfer of ownership is made for the purpose of mortgage, as long as the registration of transfer of ownership to a third party by the creditor is null and void, the debtor may seek the registration of cancellation of transfer of ownership against the third party in subrogation of the creditor even after the

If a transfer registration of ownership is made for the purpose of securing a debt, as long as the transfer registration of ownership to a third party is null and void, the debtor may seek the cancellation registration of transfer registration against the third party on behalf of the creditor even after the period of payment expires

Article 186 of the Civil Act

Limited Partnership Company Central Public Official, Inc.

Defendant 1 and three others

Seoul High Court Decision 69Na1533 delivered on March 27, 1970

All appeals are dismissed.

The costs of appeal shall be assessed against the defendants.

As to the ground of appeal No. 1 by the Defendants’ Attorney

Based on the evidence stated in the original judgment, the facts of judgment on the lawsuit in the original judgment are not acceptable, and there is no conclusion that there is an error in the process of its recognition, and the theory No. 2 is interpreted as the conclusion of the original judgment that the evidence No. 2 was prepared with a false representation in the conspiracy, and eventually, it cannot be adopted merely because it criticizes the matters of the original judgment on the determination of evidence and the fact-finding.

The issue is groundless.

As to ground of appeal No. 2

In a case where a transfer registration of ownership is made for the purpose of securing debt, the obligor may demand the repayment of the principal and interest and the cancellation of the transfer registration even after the maturity date. Thus, as long as the transfer registration of ownership to a third party by the obligee is null and void, the obligor is entitled to seek implementation of the procedure for cancellation registration of transfer of ownership against the third party by subrogation of the obligee on the ground that the cause becomes null and void. Therefore, there is no error

Therefore, according to Articles 400, 395, and 384 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.

The two judges of the Supreme Court (Presiding Judge) the Red Net Sheet