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(영문) 대법원 1971. 4. 6. 선고 71다312 판결
[가건물철거][집19(1)민,343]
Main Issues

The case where the registration of transfer of ownership is recognized as invalid for the reason of inheritance, which has been made on the real estate owned by the father due to inheritance, after making a death report to the family register by the father who was deceased or has not been declared missing, even though his father was declared missing.

Summary of Judgment

The registration of transfer of ownership that has been made on the ground of inheritance for the real estate owned by the father after filing a death report with the family register as if the father died or has not been declared missing even though the father was missing or has not been declared missing.

[Reference Provisions]

Article 186 of the Civil Act

Plaintiff-Appellant

Isey

Defendant-Appellee

Freeboard of 00

Judgment of the lower court

Seoul High Court Decision 70Na1155 decided December 30, 1970, Seoul High Court Decision 70Na1155 decided December 30, 197

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

Judgment on the grounds of appeal by the Plaintiff’s Attorney;

According to the reasoning of the judgment of the court of first instance cited by the court below, although non-party 2 was originally owned by the non-party 1, it was found that the non-party 1 was missing at the time of June 25, 1967 when the non-party 1 died or the non-party 1 was declared missing on September 27, 1950 when the non-party 1 died at the time of June 25, 1950 when the non-party 1 died and reported the death to the family registry, the non-party 1 was able to make a transfer registration of ownership of the building site on the ground of the family inheritance and the plaintiff acquired it on the ground of the non-party 2's transfer registration for the non-party 2. The plaintiff's transfer registration for the building site on the ground of succession is invalid, and the plaintiff's transfer registration for the plaintiff who acquired it was invalid on the ground of the non-party 2's transfer registration for ownership, and thus, the court below's judgment is justified and acceptable by examining the facts inconsistent with the judgment.

Therefore, the appeal is dismissed as without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Supreme Court Judge Yang Byung-ho (Presiding Judge)

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