Where registration of transfer of ownership is made as bonds security, registration expenses and amount of acquisition tax shall be liable.

Where a debtor registers the transfer of ownership to a creditor's real estate for the purpose of securing bonds, the registration expenses and the amount of acquisition tax shall be borne by a creditor unless otherwise stipulated.

Article 473 of the Civil Act

Supreme Court Decision 75Da2329 Delivered on October 11, 1977

[Defendant-Appellee] Plaintiff 1 et al., Counsel for defendant-appellee

[Defendant-Appellant] Plaintiff 1 and 2 others

Seoul High Court Decision 79Na14,15 (Consolidated) decided October 17, 1979

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The defendant's attorney's grounds of appeal are examined.

With respect to No. 1:

The court below rejected the plaintiff's claim for the registration of ownership transfer on 197.4.14, 50,00 won for the above real estate under the name of the defendant 1 to 97.5 percent of interest on 197.4, 197, 200 won and 9.7 percent of interest on 197, 30,000 won for the above real estate under the name of the defendant 1 to 97.5 percent of interest on 97, 30,000 won and 9.7 percent of interest on 97, 197, 40,000 won for the above real estate under the name of the defendant 1 to 97.5 percent of interest on 97, 97, 197, 197, 207, 30,000 won and 97, 30,000 won were the defendant's interest on the real estate under the name of the defendant 2 to 97, 197,0000

In light of the records and records, the court below's examination of the evidence conducted in order to acknowledge the above facts is legitimate, and there is no violation of the rules of evidence against the rules of evidence, and the judgment of the court below is just, and the judgment of the court below is not erroneous in the misapprehension of legal principles against the rules of evidence, and the judgment of the court below which pointed out in the paper cannot be appropriate for the original

With respect to the second ground:

In a case where a debtor has made a registration of ownership transfer concerning real estate to a creditor for the purpose of collateral security, the expenses for the registration of ownership transfer and the amount of acquisition tax are paid by the creditor to secure the security right, so it is not paid to the debtor unless otherwise stipulated by the parties (see Supreme Court Decision 75Da2329, Oct. 11, 197). There is no evidence that the part concerning the registration cost and the amount of acquisition tax concerning the real estate for which the registration was made under the name of the plaintiff from the Sung-nam-si to the extent that there

Therefore, the judgment of the court below shall not be erroneous in the misapprehension of legal principles or incomplete deliberation.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Tae-hee (Presiding Justice)