Request for the surrender of a building by the buyer for the transfer registration of building ownership

Any person who has purchased real estate, even though the acquisition, loss, and transfer of real right by a juristic act concerning real estate takes effect, and even though it is registered, may not claim its ownership and request the possessor to issue an order to surrender the real

Article 186 of the Civil Act

Supreme Court Decision 69Da665 delivered on July 8, 1969 (Supreme Court Decision 617Da 617, Supreme Court Decision 17Du285 delivered on July 8, 1969)

Kim Jong-soo

Park-ro et al. and four others

Seoul District Court of First Instance (72Gahap441)

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The plaintiff shall revoke the original judgment (this part shall be limited to the purport of the appeal).

Defendant Park Yong-ro, in Seoul, is the Plaintiff: (a) 1,650 square meters of forests and fields 1,650 on the ground of 53 in Seongdong-dong, Seongdong-gu, Seoul; (b) 4 square meters of the attached drawing among the 12th 5th 12th Ga building house; (a) 4 square meters of the attached drawing among the above buildings; (b) 4 square meters of the same drawing indication (c) among the above buildings; (c) 4 square meters of the above building; (d) Defendant Park Young-gu, in the same drawing indication (c) of the above building; and (d) 2 square meters of the attached drawing indication (d) 2, (e) 2 and (f) 2 of the attached drawing indication of the attached drawing among the 1st 8th Ga of the above ground building; and (f) Defendant Gangnam-do, in the case of the above building, 2 square meters of the same drawing indication among the above attached buildings.

All the costs of lawsuit are assessed against the defendants, and a provisional execution is declared.

The plaintiff is a building in which the plaintiff purchased it on June 26, 1972 from the above Kim Jae-dong, Seongdong-gu, Seoul and 53-1,650 above ground 1,650, 12-1, 12-5, 12-5, 1, 12-5, 1, 12-5, 1, 1, 5-5, 1, 1, 1, 5-5, 1, 1, 1, and 1, 1, 1, 1, 5-5, 1, and 1, 1, 1, 1, and 5-7, 1, and 1, 1,200 (hereinafter referred to as the building of this case) under the order of Non-party Kim Jae-dong (hereinafter referred to as "the building of this case"), and the plaintiff is still unable to register the ownership of the above part of the above building without title. Accordingly, pursuant to the ownership of the above building of this case, the defendants asserted did not clearly dispute the remaining part of the plaintiff's reply.

First, the plaintiff's assertion that the acquisition, loss, or transfer of real rights due to a juristic act regarding a false real estate takes effect for the plaintiff's claims, and even if the purchaser of the real estate takes effect, he cannot claim the ownership of the building until the registration is made. Although the plaintiff purchased the building of this case from the non-party Kim Jae-min on June 26, 1972 (in relation with the defendant's open interest, it is clear by the plaintiff's own assertion that the purchase of the building of this case had not been registered (the same as mentioned above was declared as the intention of the purchase in relation with the defendant's open interest), it is possible for the plaintiff to claim the ownership of the building of this case.

In the same way, the plaintiff's claim of this case based on the premise that he is the owner of the building of this case is without need to decide on the remaining points, and therefore it is reasonable to dismiss it, so the original judgment with the same conclusion is just, and the plaintiff's appeal is without merit, and the costs of appeal are to be borne by the plaintiff who is the losing party. It is so decided as per Disposition.

Judges Kim Yong-chul (Presiding Judge) expected from Jinology