Whether it is possible for the creditor to claim compensation for damages at rent for the debtor where the transfer of ownership has been made by means of transfer for security.

If the registration of ownership transfer has been made on a trust basis for the security of claims, the ownership is owned by the debtor externally and has the right of possession on the basis of the debtor until the property is disposed of for the liquidation of the secured obligation. Therefore, the claim for damages at rent on the premise that the possession by the debtor is illegal possession is groundless.

Article 750 of the Civil Act

Plaintiff

Defendant

Gwangju District Court of the first instance (71 Gohap198, 71 Gohap284 (Counterclaim)

The judgment of the first instance shall be revoked.

The plaintiff's main claim is dismissed.

Counterclaim Defendant: 4 to 26 of the white movement 370 in Gwangju-si, Gwangju-si, and sapap apex, and 6-3 Hobbebbes in 1 case, each single house and 6-papex.

The remaining claims of the Lessee are dismissed.

The costs of lawsuit shall be borne by all counterclaims against the principal lawsuit of the first and second instances.

Plaintiff (Counterclaim Defendant hereinafter Plaintiff D)’s purport of the claim

From March 1, 1971 to August 2, 1972, the Defendant shall receive the amount of 30,000 won per annum from the Plaintiff and the amount of 25 percent per annum from August 3, 1972 to August 2, 1972, and simultaneously implement the procedure for cancelling the registration of transfer of ownership, which is the cause of sale on April 30, 1970, with respect to the real estate on which the order is written, as the receipt of the Gwangju District Court No. 19780, Jun. 15, 1971, which is the cause of sale on April 30, 1970.

Litigation costs shall be borne by the defendant.

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

The plaintiff delivered the real estate recorded in the order to the defendant (the defendant Counterclaim hereinafter the plaintiff) and paid the money at the rate of KRW 8,000 per month from June 16, 1971 to the completion of delivery.

All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.

In light of the above provisional registration made on May 1, 1970 for preserving the right to claim ownership transfer under the name of the defendant on the real estate stated in the order, and the fact that the principal registration of ownership transfer was made on June 25, 1971 on the above provisional registration was without dispute between the parties, and as such, the public nature part is recognized, Eul-B, presumed to have been established, and the seal of its name is recognized. Thus, the entries in Eul-B, the witness at the original court and the trial court, and the non-party 2 (excluding the non-party 1), the plaintiff himself, and the non-party 3 (excluding the part not trusted later), the non-party 4 (excluding the part not trusted later), and the non-party 5 (excluding the part not trusted later), the defendant did not receive the above provisional registration from the non-party 5 on behalf of the defendant on the ground that the non-party 5 was a public official working in the future, and the defendant did not receive the above documents to recognize the ownership transfer of the real estate on behalf of the plaintiff 300 and the above 400-year interest.

According to the Plaintiff’s legal representative’s loan of KRW 250,00 from the Defendant on April 30, 1970 to KRW 180,00 and interest from KRW 1971 on several occasions, the Plaintiff’s legal representative paid KRW 70,00 and KRW 1500 after February 197, and the Plaintiff’s legal representative was liable for payment of interest from KRW 70,00 and KRW 1.50,00 at the market price. The Plaintiff’s legal representative’s claim for cancellation of ownership transfer registration of KRW 70,00 and KRW 150,00,00 were null and void by Article 607 and Article 608 of the Civil Act. Thus, the Plaintiff’s legal representative’s claim for cancellation of ownership transfer registration of KRW 70,000 and KRW 150,000,000 for the principal and interest of KRW 70,000,000,00 for the Defendant’s legal representative.

The following claims are examined.

The plaintiff-Counterclaim attorney is entitled to the registration of ownership transfer of this real estate, and the plaintiff without the right to request compensation for damages from the rent due to illegal possession. Thus, this case's real estate has been owned without the right to request the plaintiff's title and the defendant's registration of ownership transfer of this case's principal and interest has been paid in full as security for the defendant's obligation to the plaintiff. The plaintiff's payment of principal and interest has not been made until the expiration of the payment period. The plaintiff's payment of principal and interest has not been made in full as the above recognition is the same as the above recognition, and the plaintiff's right to request the counter-party's transfer of this case's real estate to the defendant based on his title is reasonable.

Next, the part of the claim for damages on the rent due to illegal possession is transferred to a trust for the security of claims, and until the secured obligation is liquidated and disposed of, it cannot be said that the Plaintiff is the Plaintiff’s possession and that the Plaintiff has the right of possession as illegal possession. Thus, there is no reason for the claim based on the Plaintiff’s illegal possession.

For the above reasons, the plaintiff's main claim is without merit, and the counterclaim's claim is dismissed within the scope of the above recognition, and it is reasonable to accept it and the remainder is without merit. The judgment of the court of first instance is unfair with different conclusions, and the defendant's appeal is revoked the judgment of the court of first instance and the costs of lawsuit are borne by the losing party and provisional execution is not accepted. It is so decided as per Disposition.

Judges Kim Jae-ju (Presiding Judge)