Whether a sales contract is deemed to have been concluded in case where a formal sales contract is prepared for a registration of intermediate omission.

In a case where the Defendant sold the real estate owned by it to Nonparty A, and Party A reselled it to the Plaintiff, and the Plaintiff, upon agreement between the parties, decided to make the so-called middle omission registration under the name of the Plaintiff in the name of the Defendant, the sales contract between the Plaintiff and the Defendant cannot be deemed to have been concluded.

Article 563 of the Civil Act

Supreme Court Decision 4289 civilianSang39 Decided May 10, 1956

[Judgment of the court below]

Defendant

Seoul High Court Decision 78Na3118 decided September 11, 1979

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The Plaintiff’s attorney’s ground of appeal is examined.

According to the court below's decision, on March 17, 1978, the defendant sold to the non-party 2 the real estate which was deemed as the introduction of the non-party 1 in 10,50,000 won, and the non-party 2 resells it to the plaintiff on April 12 of the same year, and the non-party 3, the plaintiff and the defendant's husband, at the request of the non-party 2, omitted the registration title of the real estate in this case and agreed directly to the plaintiff from the defendant and directly transfer it to the plaintiff. Thus, on the premise that the plaintiff and the defendant entered into a sales contract on the real estate in this case, the plaintiff's claim of this case seeking compensation for damages by asking the defendant's default liability is dismissed without merit. Thus, the court below's fact-finding is justified, and there is no violation of the rules of evidence against the rules of evidence as argued in the court below.

The theory of lawsuit is without merit since it is based on the evidence duly rejected by the court below and the facts that the plaintiff directly purchased the real estate from the defendant, contrary to the recognition of the court below, on the premise of a judgment of evidence different from the court below.

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

Justices Presiding Justice (Presiding Justice)