Main Issues
Where real estate was sold in full prior to the sale of real estate together with a document required for registration of ownership transfer in a blank name of a purchaser, an agreement to omit interim registration
Summary of Judgment
In the event that real estate was sold before the transfer with the document required for the transfer registration of ownership in a blank of a purchaser's name, it shall be deemed that the agreement was reached on the omission
Plaintiff-Appellee
No. e. iron metal
Defendant-Appellant
Western Line and 1 other
Judgment of the lower court
Gwangju District Court Decision 63Na542 delivered on March 18, 1964
Text
We reverse the original judgment.
The case shall be remanded to the Panel Division of the Gwangju District Court.
Reasons
Of the Defendants’ grounds of appeal, even though Defendant Seodong Line received the intermediate omission registration without the consent of the Defendants’ office in the lower court, inasmuch as Nonparty 1’s order was issued with a certificate of right without the purchaser’s name and transferred it to Defendant Seodong Line, the lower court erred by failing to exhaust all necessary deliberations in determining that the agreement on intermediate omission registration should be deemed included in the agreement on intermediate omission registration in such case. In so doing, the lower court erred by misapprehending the Defendants’ independent opinion. In so doing, the lower court did not err by failing to exhaust all necessary deliberations in determining that the Defendants could not be employed as the Defendants’ independent opinion. In the event of the sale of real estate in the first place, the so-called agreement on intermediate registration omitted to the intermediate buyer and directly transfer the ownership to the last buyer, including the intermediary, even if all parties to the sale of the real estate were not deemed to have reached an agreement on the intermediate omission registration, the first seller’s seller’s agreement on the omission of the intermediate registration can be deemed to have reached an agreement on the omission of the intermediate registration by considering the seller’s name to the extent the seller’s lack of ownership registration to the above three.
Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench, who did not decide on the grounds of appeal on the remaining part of the court below and who reviewed the appeal again.
Justices Han Sung-dong (Presiding Judge) of the Supreme Court