Main Issues
(a) A case that is not an interested person obligated to give consent;
(b) The validity of the ownership transfer registration made without any agreement on the intermediate omission registration.
Summary of Judgment
1. Even if a favorable judgment was made in favor of the registration of cancellation of ownership transfer registration of real estate, the provisional seizure or compulsory auction creditor executed prior to the judgment shall not be considered as an interested person liable for consent in the procedure of cancellation of registration based on the judgment; and
2. In a case where the intermediate omission registration has already been made in the procedure for the intermediate omission registration, such registration shall not be null and void only on the ground that there has been no agreement on the intermediate omission registration, unless a legitimate act of cause has occurred between the parties concerned.
[Reference Provisions]
Article 171 of the Registration of Real Estate Act, Article 186 of the Civil Act
Reference Cases
Supreme Court Decision 69Da648 Decided July 8, 1969, Supreme Court Decision 75Da1816 Decided April 13, 1976
Plaintiff-Appellant
[Defendant-Appellee] Plaintiff 1
Defendant-Appellee
Korea Development Bank and one other legal representative, Attorneys Cho Jin-jin, Counsel for the plaintiff-appellant-appellant
original decision
Daegu High Court Decision 78Na527 delivered on March 28, 1979
Text
The appeal is dismissed.
The costs of appeal shall be borne by the plaintiff.
Reasons
The grounds of appeal Nos. 1 through 5 of the Plaintiff’s Attorney are also examined.
According to the reasoning of the judgment of the court below, the court below did not err by misapprehending the legal principles as to non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 6's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 5's non-party 2's non-party 4's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 6's non-party 1's non-party 2's non-party 1's non-party 6's non-party 2's non-party 1's non-party-party 2's non-party 1's non-party 2's non-party 2's non-party 2's land.
All arguments are without merit.
Therefore, this appeal is dismissed as it is without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park So-young (Presiding Justice)