The effect of the original acquisition of the ownership of the building A and the registration of ownership preservation by the title "B" in the event that the title trust relationship was terminated during the construction process but the building "A" has been completed in the name of "B" in order to secure the obligation for site price in the construction of the building after purchasing the building site from "B".

In order for Gap to construct a building, etc., if the building site is purchased from "B", it is entrusted to "B" the ownership of the building in order to secure the obligation for the site price, which is the site, but during the construction process, "B" is terminated due to the failure to execute the sale and purchase contract, and "A" is completed with his funds, "A" shall acquire the ownership, and registration of ownership preservation of "B" of the title of "B" of the above building is completed before the completion of the registration, so the cause invalidation is registered.

De-Hun-Ba Attorney Noh Byung-jin, Counsel for the defendant-appellant

[Defendant-Appellee] Defendant 1 and one other, Counsel for defendant-appellee

Seoul High Court Decision 74Na1631 delivered on June 20, 1975

The appeal shall be dismissed. The costs of appeal shall be borne by the plaintiff.

The grounds of appeal No. 1 by the Plaintiff’s attorney are examined.

The court below acknowledged the same purport, based on evidence, as to the assertion that the Defendants, in purchasing the building site from the non-party Lee Dong-dong in order to build the building site for the construction of this case, the non-party Lee Dong-dong shall be deemed to own the above non-party Lee Dong-dong as the collateral for the payment of the site price, and the non-party Lee Dong-dong shall pay the down payment pursuant to the contract of the above purchase and sale of the building site, and the non-party Lee Dong-dong shall not be deemed to be the case where the above non-party Lee Dong-dong shall cancel the sale and sale contract, and the above non-party Lee Dong-dong shall not be deemed to be the case where the title trust relationship was terminated due to the cancellation of the contract's failure to pay the down payment to the above non-party Lee Dong-dong-dong in order to secure the above contract price obligation, even if the above contract was completed with its funds, and therefore, it shall be justified that the above contract of title trust was terminated due to the cancellation of the contract's failure.

In addition, the court below is just in holding that the registration of preservation of ownership of the title holder's interest in this building was terminated prior to the completion of the registration of title trust relationship, and the registration of preservation of ownership of the title holder's interest in this case's interest in this case's building, which was constructed by the above facts of recognition, shall not be deemed any different from the registration of the title holder's interest in this case's interest as a substitute registration by the staff of the court. In addition, the court below did not regard the contents of the judgment of the court below as proper, but it did not err in the misapprehension of legal principles as to the acquisition of real rights in the original judgment, or it did not err in the misapprehension

The second ground of appeal is examined.

Examining the evidence adopted by the original judgment after a comprehensive review of the records, this shall be paid to the non-party 904 Won Won-si, which is the site for the construction of the building, etc. on this occasion, to the non-party 1,670,000 won for the intermediate payment other than the down payment paid by the above Song Dong-dong exchange, and the above land shall be paid to the non-party 1,670,000 won for the intermediate payment other than the down payment which was paid by the non-party 1,50,000 won for the above land. Since the above land was established with the non-party 58,70,000 won for the Korea Exchange Bank together with other land, the above interest rate was set at 6,70,000 won for the above intermediate payment separately from the joint collateral and at the same time, it was hard to recognize that the above land was not paid to the non-party 1,670,000 won for the above land by the non-party 1,000, and thus,000.

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

Justices Lee Il-hee (Presiding Justice)