beta
Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined.
1. Regarding ground of appeal No. 1
A. If there is a seizure of the right to claim the registration of transfer of ownership, the third party obligor shall not arbitrarily perform the registration of transfer pursuant to the effect of prohibition against performance. However, such seizure is not limited to the real estate which is the object of the right to claim the registration, but is not limited to the real estate which is the object of the right to claim the registration, and it is effective only between the creditor, the debtor, and the third party obligor because there is no way to announce it in the register in addition to serving the decision on the debtor and the third party obligor, and it cannot be asserted that the prohibition against the repayment cannot be asserted against the third party. Thus, the seizure of the right to claim the registration of transfer of ownership cannot be claimed against the third party who has made the registration of transfer from the debtor and the third party because the acquisition is invalid because the third party obligor's disposition of the real estate itself which is the object of the right to claim the registration is invalid, and if the third party obligor committed the registration of transfer and the debtor again caused damage to the creditor as a result of the transfer registration made to the third party, it constitutes a tort (see Supreme Court Decision 2002Da39
After recognizing the facts as stated in its reasoning, the lower court determined as follows.
① The registration of cancellation and transfer of ownership in this case was returned to E Co., Ltd. (hereinafter “E”) by the method of completing the registration of transfer of ownership at the request of E, instead of completing the registration of transfer of ownership due to the cancellation of the instant trust contract.
② At the time of the cancellation of this case and the transfer registration of ownership, “The claim for the transfer registration of ownership due to the cancellation of the instant trust contract against the Defendant E” had already occurred.
(3) The defendant shall raise objection.