"If a part of the right belongs to another person, when the seller cannot acquire and transfer his right" in Article 572 of the Civil Code.

When a seller is unable to acquire ownership and transfer it to a buyer under Article 572 of the Civil Code refers to a case where the seller is not in the same strict concept as in default, and there is an implementation failure to the extent that it is reasonable to exercise the right of rescission to a buyer in light of social norms.

Articles 572(1) and 572(2) of the Civil Act

[Judgment of the court below]

Defendant 1 and one other

Daegu High Court Decision 76Na845 delivered on May 31, 197

The original judgment is reversed, and the case is remanded to the Daegu High Court.

The grounds of appeal Nos. 2, 3, and 4 of the Plaintiff’s Attorney are also examined.

According to the reasoning of the judgment, the court below held that if the above sale and purchase agreement was not entered into by the seller of the non-party 1 and the non-party 2's non-party 2's non-party 2's non-party 1's name with respect to the non-party 5's non-party 1's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 9's non-party 2's non-party 1's non-party 2's non-party 2's non-party 2's non-party 2's non-party 9's non-party 2's non-party 1's non-party 2's non-party 2's non-party 1's non-party 2's non-party 2's non-party 1's non-party 2's non-party 2's non-party 1's non-party 2's non-party 2's non-party 2's.

Therefore, the original judgment is reversed, and the case is remanded to the Daegu High Court which is the original judgment. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Young-young (Presiding Justice)