(a) Whether a seller of real estate is unable to perform his/her duty to transfer ownership to a third party where the transfer of ownership is made illegally between the seller of real estate and the seller's transfer of ownership is not made;

(b) The time to calculate the subject amount where the subject amount was claimed in addition to the original claim for payment.

A. In a case where a transfer registration of ownership is made illegally to a third party between a seller of real estate and a seller’s prior notice for the transfer registration of ownership is made, the transfer registration of ownership shall be determined by litigation or by other methods. Therefore, the seller’s obligation to transfer ownership to the buyer cannot be deemed to have become final and conclusive.

B. In a case where a creditor concurrently files a suit by adding compensation to the original claim for payment instead of compensation for compensatory damage, the subject claim is based on the premise that there is the existence of the original claim for payment, and where this becomes impossible or impossible after the judgment became final and conclusive, the competition between the two claims belongs to the simple combination between the present claim for payment and the future claim for payment. In this case, the time for calculating the subject amount should be calculated based on the price of the original benefit at the time of the conclusion of the pleadings at the fact-finding court.

Lee-ju, Attorney Lee Dong-dae, Counsel for the plaintiff-appellant

The legal representative of the Republic of Korea shall be Kim Jong-sung, Lee Jong-soo, and maximum refund to the Minister of Justice

Seoul High Court Decision 73Na1519 delivered on January 31, 1975

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

According to the judgment of the court below and the records, the plaintiff purchased 156 square meters of this case from the defendant, and paid the above real estate to any other person than the plaintiff, and the defendant did not sell it to 17,078 square meters adjacent to the land in 17,078, because the defendant's claim for the transfer registration of ownership against the defendant and the above 17,000 forest land was not made in accordance with the judgment of the court below, and the defendant's claim for the transfer registration of ownership was not made in the name of 7,000 won and the above 17,07,000 won cannot be seen as being purchased at the time of the above 7,000 won, and the defendant's claim for the transfer registration of ownership was not made at the time of the above 1,000 won, and the defendant's claim for the transfer registration of ownership was not made at the time of the above 1,000 won judgment and the above 1,000 won judgment was rejected, and the defendant's claim for transfer registration of ownership was made at the above 1,

Justices Lee Il-young (Presiding Justice)