Where a title of construction permission has been entrusted under the name of creditor, the original acquisitor of the ownership of the building at the time of completion;

If the title of the building permission was the secured party for the purpose of securing the obligation, the external ownership of the building shall be reverted to the secured party who is the authorized person, at the same time as the construction is completed.

Article 187 of the Civil Act

Supreme Court Decision 75Da1466 Decided December 23, 1975 (Supreme Court Decision 11079 Decided December 23, 1975; Supreme Court Decision 297 No. 297 of the Civil Act; Court Gazette 529 of the Court Gazette 8866 Decided December 23, 197

Plaintiff

Defendant 1 and one other

Seoul Civil History District Court (80 Gohap5473)

1. The appeal is dismissed.

2. The costs of appeal shall be borne by the plaintiff.

The original judgment shall be revoked.

The Defendants implement the registration procedure for transfer of ownership on May 13, 1980 with respect to the real estate recorded in the attached list against the Plaintiff.

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

The plaintiff is the cause of the plaintiff's claim. The main apartment house in the attached list is owned by the defendants. The plaintiff purchased 10,000,000 won from the non-party 1 who represented by the defendants on May 13, 1980, and the plaintiff claimed that the defendants request the execution of the procedure for the registration of ownership transfer based on the above sale and purchase as to the above apartment house. Thus, according to the plaintiff's testimony of the non-party 2, it can be acknowledged that the plaintiff purchased the apartment house in this case from the non-party 1 on the same date as the plaintiff's assertion, but the non-party 1 sold the apartment house as the property owned by the defendants, not its own property, or sold it with the goods owned by the defendants, the above contract was concluded as his agent, and the defendants granted the right to represent the disposal to the non-party 1 and the non-party 3's testimony is not proved otherwise in light of the facts that are consistent with this.

Rather, there is no dispute over the establishment of Gap evidence 3 (a copy of the register), Eul evidence 6 (a sales contract), 2 (agreement angle), each of the above witnesses 4, 2, 1, and 3 (excluding the portion not trusted above) and all of the pleadings are purchased by the defendants as the land for the land located in Seocheon-si, Seocheon-si, which is the land for which the above apartment house was purchased by the defendants. In order to construct apartment houses on the above land on August 18, 1979, the defendants' purchase price was 73,268,00 won for the above construction of the above land, and the above construction price was 8,00 won for the above construction of the above 7,00,000 won for the same month, and the above construction permit was paid to the non-party 1 to the non-party 4,634,000 won for the above construction of the above land, and the above construction permit was paid to the non-party 1 for the remaining construction permit under the name of the defendants.

Therefore, without extinguishing the remaining debt of the above site secured by the above building, the act of the non-party 3 and 8 and the non-party 1, who is his agent, transferred to the disposal act of the non-party 1, and otherwise, the non-party 1 disposed of the real estate owned by the defendants as an agent for the defendants. Thus, the plaintiff's claim of the plaintiff on the premise that the non-party 1 disposed of the real estate owned by the defendants as an agent for the defendants is without merit.

Therefore, the plaintiff's claim for appeal on the merits is dismissed because it is reasonable to see it. Therefore, the original judgment is just in its conclusion, and the plaintiff's appeal is without merit, and the costs of appeal are assessed against the plaintiff who has lost, and it is so decided as per Disposition.

Judges Kim Jong-Un(Presiding Judge)