It does not review and determine whether the transfer of ownership is passed through the registration of transfer of ownership, but it is in violation of the rules of evidence or incomplete hearing.

The court below's decision, based on evidence, determined that the (A) store on the site of this Article is owned by Gap and the ownership of Byung is transferred from August 7, 1961 to Byung, and the (b) store can recognize the transfer of ownership to Byung from August 18, 1961, and did not review and decide whether the ownership was transferred to Byung under the name of Byung and Eul from August 18, 1961.

Article 186 of the Civil Act

Ear-gu

Kim Jong-sung et al. (Attorneys Cho Young-young et al., Counsel for the defendant-appellant)

Seoul Civil District Court Decision 62Na534 delivered on October 31, 1963

Of the original judgment, the part against the Plaintiff is reversed;

The case shall be remanded to the Panel Division of the Seoul Civil District Court.

The defendants' respective appeals are dismissed.

Litigation costs arising from the Defendants’ final appeal shall be borne by the Defendants.

We examine the Plaintiff’s ground of appeal:

According to Article 186 of the Civil Code, the acquisition and loss of real rights due to a juristic act on real estate takes effect with registration. According to the original judgment and the records of the case, the court below judged that Gap evidence Nos. 4-2 (Written Answer) Nos. 5-2 (No. 5-1) No. 3-1 (certificate of ownership of each store) No. 45-5-2 (certificate of ownership of each store) No. 3-1, No. 5-2 (certificate of ownership of each store) and the whole purport of the oral argument in witness testimony, the store No. 206 on the site was owned by defendant Kim Jong-sung, and since the ownership from the defendant No. 7 on Aug. 7, 1961 to the non-party Ma-ho and the store No. 208 was transferred to the non-party Ma-ho, the court below did not err in the misapprehensioning of the rules of evidence and the judgment on the transfer of ownership from the defendant O-Op on August 18, 1961.

Therefore, the part of the original judgment against the plaintiff shall be reversed and the case shall be remanded to the Panel Division of the Seoul Civil Procedure District Court for a new trial and determination; and

Then, in full view of each evidence admitted by the court below, the defendants Kim Jong-sung possessed the site in this case No. 206, and the rent in the site in No. 206 is KRW 560 per month and the rent in the site in No. 208 is KRW 440 per month. The above fact-finding and evidence preparation in the original judgment do not contain any errors of law in light of logical rules or empirical rules. Thus, the argument is groundless.

Therefore, each appeal by the Defendants is dismissed without merit. The costs of lawsuit arising from the Defendants’ appeal are assessed against the Defendants. It is so decided as per Disposition by the assent of all participating judges.

Supreme Court Judge Madung (Presiding Judge) Kim Gung-bun and Madlebro