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(영문) 대법원 1970. 3. 31. 선고 70다55 판결
[토지인도등][집18(1)민,303]
Main Issues

It is null and void if the registration of ownership transfer is made primarily for the litigation of claim for compensation.

Summary of Judgment

The registration of ownership transfer for the purpose of litigation for compensation claim shall be null and void.

[Reference Provisions]

Article 7 of the Trust Act

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Boan City

Judgment of the lower court

Daegu District Court Decision 66Na1168 delivered on December 17, 1969, Daegu District Court Decision 66Na168 delivered on December 17, 1969

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

On the grounds of appeal of the plaintiff, the court below acknowledged the following facts based on the evidence stated in the judgment below. In other words, this real estate was originally owned by the non-party 1, but due to the circumstance such as Won-si, the registration of ownership was made in the name of non-party 2, and the real estate (B) in the above list was registered in the name of the non-party 2, the non-party 3, the non-party 4, the non-party 5, and the non-party 64 were not aware of the above facts at the time of the plaintiff's claim for the registration of ownership transfer on the non-party 5's title, and the non-party 5 (the non-party 4's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 5's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's title and the plaintiff's non-party 5's non-party 1's title title.

Therefore, the ground of appeal is without merit, and it is so decided as per Disposition by the assent of all participating Justices.

The judges of the Supreme Court (Presiding Judge)

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