The validity of a transfer registration made by a final judgment in violation of the agreement to withdraw the lawsuit.

Where the judgment of the court of first instance became final and conclusive because the plaintiff did not withdraw a lawsuit in violation of the above agreement even though the parties agreed to withdraw the lawsuit outside of the lawsuit after the judgment of the court of first instance was rendered, and where the registration of transfer of ownership has been made in the name of the plaintiff who won the lawsuit based on the final and conclusive judgment, such registration is made by the final and conclusive judgment,

Article 186 of the Civil Act, Article 239 of the Civil Procedure Act

Park Sung-dong et al., Counsel for the defendant-appellee

[Defendant-Appellee] Cho Jae-sil et al.

Gwangju High Court Decision 79Na170 delivered on October 30, 1980

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds of appeal by the Plaintiff’s attorney are examined.

According to the court below's decision, the court below found the non-party's claim for the cancellation of the registration of the non-party (the non-party's claim for the cancellation of the registration of the non-party's ownership on the ground that the non-party's claim for the cancellation of the registration of the non-party's establishment of the above non-party (the non-party's claim for the cancellation of the registration of the non-party's ownership on the ground that the non-party's registration of the non-party was non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party.

Therefore, the judgment of the court below to the same purport is just, and the above fact-finding of the court below contains the purport of rejecting the plaintiff's assertion that the non-party yellow objection period was filed in the name of the above non-party without the intention of the above non-party, and the judgment became final and conclusive, and the registration of ownership transfer was completed. Thus, there is no error of law such as misunderstanding of legal principles, omission of judgment, and inconsistency of reasoning as pointed out

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

Justices Lee Chang-chul (Presiding Justice)