(a) The probative value of the disposal document;

(b) A case that provisional registration and principal registration are invalid because they were made for the purpose of escape or concealment of property, and they constitute a false declaration of intent under a conspiracy;

(a) if the authenticity of a disposal document is recognized, the existence and content of the declaration of intention should be recognized as stated in the content unless there is a reasonable counter-proof;

(b) A case that provisional registration and principal registration are invalid because they were made for the purpose of escape or concealment of property, and they constitute a false declaration of intent under a conspiracy;

A. Articles 187 and 329 of the Civil Procedure Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 10 others (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant-appellant-appellee)

Mutual Savings and Finance Company A (Attorney Yoon-chul et al., Counsel for defendant-appellee)

Kim Jong-chul et al.

Daejeon District Court Decision 89Na112 delivered on November 16, 1989

The judgment of the court below is reversed and the case is remanded to Daejeon District Court Panel Division.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below rejected the plaintiff's assertion that the provisional registration of the above defendant Kim Jong-si's 5 apartment units was invalid due to the above defendant Kim Jong-chul's false declaration of intention, which was signed by the above defendant 1, 5, 7-1, 8, and testimony of Lee Jong-chul's witness at the court of first instance without trust in light of the evidence of the judgment, and it is not sufficient to acknowledge that the above defendant Lee Jong-chul's claim was entered in the above 01, 3, 6, and 00, 1980, 5, 17, 265, 200, and 00, 300, 300, 000, 000, 7, 000, 000, 7, 000, 7, 1980, 200, 30,000, 7,000,000.

However, if the authenticity of a disposal document is recognized, the existence and content of the expression of intent as stated in the contents should be recognized unless there is any counter-proof. Thus, subparagraph 3 (Dismissal) of Item A, which is a disposal document prepared and issued by the defendant Kim Jong-soo to the above non-party company, includes "(C) No. 3)" stating that even at the time when a provisional registration is required for the cancellation of provisional registration for the purpose of field adjustment and credit adjustment, the representative director of the non-party company Gap who is in charge of the above non-party company, issued a seal impression and documents necessary for the cancellation of provisional registration without any condition," and subparagraph 6 of subparagraph A of subparagraph 6 (Mandate) stated that "No. 5 (Receipt No. 4688) established provisional registration under his name in his name in order to protect the property of the non-party company from illegal credit, but the purpose of provisional registration is that the provisional registration is not the registration of credit security purpose, without any reasonable reason, and it is insufficient to recognize the facts that it violated the rules of evidence.

In addition, according to the records, the market price of the above 208 household apartment units, the provisional registration of which was made, appears to exceed three billion won in large amount, and upon the argument of the defendant Kim Jong-il, the provisional registration of 208 household units was made for the claim security of 1 billion won (it is difficult to specify the contents and amount of the above claim and its amount, etc. by the non-party creditor) at the amount of 1 billion won in total. Even if the principal registration is made thereafter, the principal registration was made on the part of the non-party company's representative director pursuant to the above evidence No. 6, without going through the liquidation procedure as provided by the Provisional Registration Security Security Act, and the provisional registration was made on the part of the non-party company's non-party Kim Jong-ju without delegation of the disposition pursuant to the above evidence No. 6, and the provisional registration was again made on the part of the non-party company's non-party company's non-party company's right to a provisional registration. In addition, considering the circumstances of this case's registration, it was made by opening a provisional shareholders meeting and board meeting.

In full view of the above facts, it appears that the provisional registration of the name of defendant Kim Jong-il was aimed at the escape or concealment of the assets of the non-party company rather than for creditors such as the same defendant, etc. for the purpose of securing claims. Therefore, the provisional registration and the principal registration can be deemed as the registration of invalidity of cause caused by a false declaration of intention made in collusion with the non-party company and

The court below's decision that the provisional registration under the name of defendant Kim Jong-soo was legitimate by an agreement that aims to achieve the purpose of securing claims is reasonable. The court below erred in the misapprehension of legal principles as to the probative value of disposal documents or in the misapprehension of legal principles as to false declaration of intent in collusion with the rules of evidence.

Therefore, without examining the remaining grounds of appeal, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices

Justices Yoon So-young (Presiding Justice)