Where a contract for sale is concluded in the name of multiple creditors and a provisional registration has been made to preserve the right to claim ownership transfer registration, the method of exercising the right to conclude sale reservation

In cases where multiple creditors and multiple creditors enter into a pre-sale agreement with multiple creditors as to real estate owned by an obligor and make a provisional registration of the claim for ownership transfer registration and preservation thereof in order to secure multiple creditors' claims against an obligor, multiple creditors are in a relationship with the completion of the pre-sale agreement. The multiple creditors are in a relationship with multiple creditors. The lawsuit seeking the exercise of the right to complete the sale agreement and the transfer registration of ownership resulting therefrom is a disposal act of the right to complete the sale agreement. As such, the declaration of intention of the pre-sale agreement shall be jointly exercised by multiple creditors, and a lawsuit seeking the performance of the principal registration of ownership transfer on the subject matter of sale, the pre-sale agreement, as a necessary co-litigation, must be instituted by all multiple creditors who completed the pre-sale agreement.

Articles 264 and 278 of the Civil Act, Article 63 of the Civil Procedure Act

Supreme Court Decision 83Meu2282 delivered on June 12, 1984

Plaintiff 1-A, et al., Counsel for the plaintiff-appellant of the deceased non-party, who is an attorney limited to the plaintiff-appellant.

[Defendant-Appellee] Attorney Cho Jae-han et al., Counsel for defendant-appellee

Seoul High Court Decision 83Na4099 delivered on January 29, 1985

The part of the lower judgment against the Defendant regarding the ancillary claim is reversed, and that part of the case is remanded to the Seoul High Court.

The ground of appeal No. 1 by the defendant's attorney is examined.

1. According to the reasoning of the judgment below, the court below accepted the preliminary claim on August 26, 1980 as to the real estate recorded in the attachment list (Attachment of the judgment of the court below) by Plaintiff 3, such as Plaintiff’s Nonparty Nonparty Nonparty’s Nonparty’s Nonparty’s Nonparty’s Nonparty’s Nonparty’s Nonparty’s litigant’s litigant’s litigant’s litigant’s litigant’s litigant’s litigant’s litigant’s Claimant’s Appellant’s Appellant’s Appellant’s Appellant’s Appellant’s Appellant’s Appellant’s Appellant’s Appellant’s Appellant’s Appellant’s Appellant’s Appellant’s Appellant’s Claimant’s Appellant’s Appellant’s Appellant’s Claimant’s Appellant’s Appellant’s Appellant’s Claimant’s Appellant’s Appellant’s Appellant’s Appellant’s Appellant’s Appellant’s Claimant’s Appellant’s Appellant’s Appellant’s Claimant’s Claimant’s LLC’s her her her her son’s son’s ent.

2. In order to secure multiple creditors' claims against a single debtor, where multiple creditors jointly have made a pre-sale agreement with multiple creditors as to real estate owned by the debtor and a provisional registration for the preservation of the right to claim the transfer registration of ownership has been made, multiple creditors are in a relationship with the completion of the right to claim the transfer registration of ownership as at the time of original adjudication, and as at the time of filing of a lawsuit seeking the exercise of the right to complete the purchase and sale agreement and the transfer registration of ownership based thereon, it is a disposal act of the right to complete the purchase and sale. Therefore, since a lawsuit seeking the completion of the pre-sale agreement is a disposal act of the right to complete the purchase and sale, only a part of multiple creditors, who are not multiple creditors, can not be said to be a disposal act of the right to complete the purchase and sale, and the declaration of intention to complete the sale should be jointly exercised by a multiple creditors who have completed the right to complete the purchase and sale agreement as necessary co-litigation, and thus, it should be concluded that a lawsuit seeking the transfer registration of ownership to the object of the provisional registration is an act of disposal and management.

On the other hand, the court below's decision that the provisional registration is entitled to seek the principal registration of transfer of ownership based on the provisional registration from all the holders of the right to provisional registration including plaintiff 2 by agreement to automatically complete the sale and purchase reservation, and thereby, by preserving or managing the right to preserve the ownership transfer based on the provisional registration, is first aware that the change of the title is clearly sought by the act of preservation or management, and furthermore, the court below accepted the claim without title in relation to the plaintiff 2, who is the joint registration administrator, by citing the legal principles on the preservation or management act and the necessary co-litigation, etc., which are related to the plaintiff 2, the plaintiff 30,00 except for the plaintiff 2, and the plaintiff 30,00.

3. Therefore, since the judgment of the court below cannot be maintained without the necessity of judgment on the remaining grounds of appeal Nos. 2 and 3, the part of the judgment below against the defendant shall be reversed, and this part of the case shall be remanded to the Seoul High Court for further proceedings consistent with this Opinion, and it is so decided as per Disposition by the assent of

Justices Park Jong-soo (Presiding Justice)