Where a person liable for registration of ownership transfer transfers an object to a third party, whether it is impossible to perform the obligation of registration of ownership transfer (negative)

If a person liable for the registration of ownership transfer transfers an object to a third party and fails to do so, the obligation for the registration of ownership transfer cannot be deemed to be in an impossible condition unless there is any special reason, and even if the third party who succeeded to the obligation for the registration of ownership transfer has completed the registration of ownership transfer in his/her name, it cannot be deemed that the obligation for the registration of ownership transfer inherited has become impossible.

Articles 387 and 546 of the Civil Act

Attorney Cho Jae-chul, et al., Counsel for the plaintiff 1 and one other

The number of attorneys-at-law at least 10,000

Busan District Court Decision 82Na760 delivered on May 3, 1983

The judgment below is reversed, and the case is remanded to Busan District Court Panel Division.

The grounds of appeal are examined.

The judgment of the court below was affirmed on December 27, 1966, and the non-party 1 sold the above 144 square meters to the non-party 3 at the end of December 1950 without completing the registration of ownership transfer after purchasing from the non-party 2 about the non-party 1, the non-party 1 purchased the above 144 square meters from the non-party 2 on December 11, 197, and completing the registration of ownership transfer from the non-party 1, the non-party 4, the property successor, sold the above 144 square meters to the defendant around June 11, 1958, and the non-party 1 died on December 27, 196, and the non-party 5, the property successor, obtained the registration of ownership transfer from the above non-party 2 on the non-party 1, the non-party 4 and the above non-party 1, the property successor, after completing the above registration of ownership transfer under the non-party 1's name and the above 1481, the plaintiffs.

However, in case where a person liable for the registration of ownership transfer fails to transfer the subject matter to a third party and fails to do so, the above obligation for the registration of ownership transfer cannot be deemed to be in an impossible condition unless there is any special reason, and even if the above third party who succeeded to the above obligation for the registration of ownership transfer has completed the registration of ownership transfer under his name, it cannot be deemed that the obligation for the registration of ownership transfer was impossible to perform. Thus, under the above facts established by the court below, the above obligation for the registration of ownership transfer as to the above 144 square meters against the above non-party 1's above non-party 1's above non-party 4 to the above non-party 5 upon the death of the above non-party 1, unless there are special circumstances such as the waiver of inheritance due to the death of the above non-party 1, 1973, it shall be deemed that the above obligation of the above non-party 5 to the above non-party 1, including the plaintiffs, can not be deemed to be illegal in the relation to the plaintiffs.

Therefore, the judgment of the court below, which does not require any decision on other grounds of appeal, seems to be considerably contrary to justice and equity unless it is reversed, is reversed, and the case is remanded to Busan District Court Panel Division for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jong-soo (Presiding Justice)