The legality of the party participation by the purchaser who acquired real estate in succession, on the ground that there is an agreement between the subsequent purchaser and the subsequent purchaser on the interim omission registration.

Real estate sold in succession from “B” to “B” and “B” purchased again from “B” in a lawsuit seeking the registration of transfer of ownership in succession by “B” is unlawful for a party participation to “B” to confirm that there is no right to claim the registration of transfer and to request “B” to register the transfer of ownership to “B” on the ground that there is an agreement for the intermediate omission registration.

Attorney Lee Jong-soo et al., Counsel for the defendant-appellant

The legal representative of the Republic of Korea shall prescribe the provisions of the litigation performer and the public

Jeon Young-gu

Attorney Cho Jae-in, Counsel for the plaintiff-appellant

Daegu High Court Decision 73Na476,477 delivered on May 1, 1974

All appeals are dismissed.

The costs of appeal shall be borne by each appellant.

1. As to Defendant Korea’s ground of appeal

The registration of ownership transfer due to the sale and purchase of real estate does not necessarily exist because the seller is essential for the buyer to complete the acquisition of ownership. Thus, even if the person liable for registration delivers the registration documents required for the registration to the person liable for registration, the right to claim for registration is not extinguished (see Supreme Court Decision 1955No331, Nov. 24, 1955). The judgment of the court below ordering the registration of ownership transfer to the defendant Young-gu, the inheritor, because the defendant sold the real estate recorded in the list of the judgment below where the property belonging to the deceased sub-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-

2. As to the Intervenor’s grounds of appeal:

In accordance with Article 72 of the Civil Procedure Act, in order for a party to participate, there must be separate claims against the original defendant of the lawsuit seeking participation, which are incompatible with those of the principal lawsuit, and even if there is a separate claim in form, if there is no benefit in the lawsuit, it cannot be an independent party participation (see Supreme Court Decision 69Da145 delivered on May 27, 1969). According to the records, as to the principal lawsuit seeking the registration of ownership transfer in succession on the ground that the former part of the defendant Jeon Young-gu purchased the real estate from the Republic of Korea, and the plaintiff purchased it again, the former part of the real estate from the Republic of Korea, and the former part of the lawsuit seeking the registration of ownership transfer from the plaintiff, on the ground that the plaintiff purchased the property from the plaintiff under Articles 2 through 5 in the original judgment and omitted the registration of transfer to the plaintiff, and the latter part of the lawsuit seeking the registration of ownership transfer from the defendant Jeon Young-gu cannot be exempted from the original part of the lawsuit which is separate from the original part of the lawsuit against the defendant Jeon Young-chul.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-chul (Presiding Justice)