The judgment below

Among them, the part against the defendant (appointed parties) and the designated parties shall be reversed, and this part of the case shall be reversed.

The grounds of appeal are examined.

1. Plaintiff’s ground of appeal

A. As to the grounds of appeal Nos. 1 and 2, the lower court rejected all the Plaintiff’s assertion that the instant agreement was null and void as an unfair juristic act provided in Article 104 of the Civil Act or a juristic act contrary to social order provided in Article 103 of the Civil Act, on

In light of the relevant legal principles and records, the above judgment below did not err by omitting judgment or by misapprehending the legal principles on unfair legal acts, as alleged in the grounds of appeal.

B. As to the ground of appeal No. 3, the ground of appeal No. 1) is with respect to the validity as a security for transfer. The purport of the ground of appeal is that, where a person entitled to provisional registration makes a principal registration based on provisional registration without undergoing a liquidation procedure under Articles 3 and 4 of the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”) according to a special agreement with the debtor, if the special agreement is unfavorable to the debtor, such special agreement is null and void, and it cannot be deemed valid within the purpose of security. Thus, in the same purport, it shall be deemed null and void without undergoing a liquidation procedure pursuant to the agreement in this case by Defendant A (hereinafter “Appointed Party”) without undergoing a liquidation procedure pursuant to the agreement. However, the judgment of the court below that the plaintiff can seek the implementation of the procedure for registration for cancellation on the premise that the above transfer registration is valid as a weak transfer for transfer under the premise that it is valid.

B. However, Article 3 and Article 4 of the Provisional Registration Security Act on liquidation procedures is applied in cases where a promise to return a substitute is null and void by Article 607 and Article 608 of the Civil Act and is valid as a weak meaning of a transfer for security agreement. If a creditor has not yet acquired a transfer for ownership based on this, if he/she did not register the transfer for ownership.