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(영문) 대법원 2009. 09. 10. 선고 2009두9864 판결
원인무효 판결를 받아 소유권이 환원되고 등기가 말소되었다 하더라도 양도임[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2008Nu31569 (209.03)

Title

It shall be returned to the ownership upon the judgment of invalidity of the cause, and even if the registration has been cancelled;

Summary

Although the donor asserts that the transfer of real estate acquired without authority is null and void by transferring it without authority, considering that the Plaintiff directly delivered a certificate of seal impression for real estate sale to the donor, the transfer constitutes a transfer even if the registration was cancelled upon the judgment null and void of the cause.

The decision

The contents of the decision shall be the same as attached.

Text

The appeal shall be dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by

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