The agreement to omit the intermediate registration in the name of the seller and to deliver the registration transfer document to the seller, and the transfer registration in the name of the third party is completed by the original owner before the registration is completed in the name of the buyer, and the seller's liability for non-performance of the obligation.

In cases where the sale and purchase of real estate has been established with an agreement on the omission of intermediate registration, the buyer was delivered from the seller to the registration transfer document in the name of the original owner, but the buyer was given an opportunity for resale without completing the registration, and the registration of transfer of ownership has first been completed in the name of a third party by the original owner, and where the seller's obligation to transfer ownership becomes impossible to perform, the seller is not liable to perform

Articles 390 and 569 of the Civil Act

Supreme Court Decision 72Da982 delivered on November 28, 1972 (Supreme Court Decision 1031Da10311, Supreme Court Decision 203Du1311, Supreme Court Decision 203Da1381, Supreme Court Decision 390(27)381, Civil Code Article 570(6)462) of the Civil Code

Plaintiff

Defendant

Seoul Central District Court (71 Gohap2921) in the first instance trial

(1) The part against the defendant in the original judgment shall be revoked.

(2) The plaintiff's claim is dismissed.

(3) The plaintiff's appeal is dismissed.

(4) All the costs of lawsuit are assessed against the Plaintiff by the first and second instances.

The defendant shall pay to the plaintiff the amount of 2,800,000 won with 5% interest rate per annum from March 30, 1970 to the date of full payment.

The judgment that the lawsuit costs shall be borne by the defendant and provisional execution declaration

The part against the plaintiff in the original judgment shall be revoked.

The defendant shall pay to the plaintiff the amount of KRW 1,300,000 with 5% interest per annum from March 20, 1970 to the date of full payment.

The costs of lawsuit shall be borne by the defendant in both the first and second trials and a declaration of provisional execution.

Text 1 (2) (4) of this Act

On February 21, 1970, the Plaintiff purchased from the Defendant from Nonparty 1, and registered in the name of Nonparty 2, purchased KRW 1,750,00 from the 140 square meters of the 140 square meters of the site of Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul (hereinafter referred to as “the instant site”) in the name of Nonparty 2, and paid the Defendant a down payment of KRW 175,000 on the same day, and paid the above remaining amount by March 31, 1970. The instant site was changed to the 80 square meters of the site of 262-12 site, and the ownership transfer registration was completed in the name of Nonparty 1 on March 27, 1970, and the ownership transfer registration was completed in the name of Nonparty 3 in the name of Nonparty 1 on March 15, 1971.

The plaintiff's obligation to transfer the ownership of the real estate in the name of the non-party 3 to the plaintiff for the reason that the above obligation to transfer the ownership was completed twice in the name of the non-party 4 (Guarantee), and this was caused as a result of the defendant's failure to pay the plaintiff the documents necessary for the registration of transfer under the name of the plaintiff, and the defendant denies this, so it is difficult to recognize that the defendant's entries in the testimony of the non-party 4 as well as the evidence No. 4-2 (Evidence) as the witness of the court below and the party 4-2 (Evidence) were easily recognized. Rather, since the above obligation to transfer the ownership of the real estate in the name of the non-party 1 to the non-party 3 for the purpose of the preservation of the ownership registration, the defendant purchased the above real estate in the name of the non-party 1 to the non-party 4 (Guarantee), the testimony of the above witness and the testimony of the non-party 6 for the sale of the real estate in the name of the plaintiff 1 to the non-party 2.

Thus, the defendant delivered all the documents necessary for the registration of transfer of ownership to the plaintiff who is the buyer in return for the above remaining price and the seller's obligation to the land was fulfilled, and the registration of transfer of ownership to the land in this case is impossible, as the plaintiff did not take the procedure for the registration of transfer of ownership as the above document. Thus, the plaintiff's claim against the plaintiff on the ground that the above performance impossibility liability is the defendant cannot be exempted from dismissal because it did not decide on the remainder of the claim against the defendant.

Therefore, the part against the defendant among the original judgment which differs from this conclusion is revoked and the plaintiff's appeal is unfair, so it is dismissed and it is so decided as per Disposition by applying Articles 96 and 89 of the Civil Procedure Act to the burden of litigation costs.

Judges Noh Jeong-hee (Presiding Judge)