Whether or not a part of the claim for sale of real estate may be reserved to the seller

Any person who acquires the ownership by means of registration through the sale and purchase of real estate shall acquire the entire ownership of the real estate while each owner shall lose the ownership completely, and a part of a claim for the real estate, which is the content of ownership, may be reserved or reserved to each owner by intention of the parties concerned, is unfair as it harms the unity of acquisition, loss and transfer of the real right or real right.

Article 186 of the Civil Act

Plaintiff 1 and two others

Defendant

Daegu District Court (61 Civil Code87)

The judgment of the court below between the defendant and the plaintiff 1 and 2 shall be reversed, and the case shall be remanded to the Daegu District Court Panel Division.

The defendant's appeal against the plaintiff 3 is dismissed.

The costs of appeal assessed against the plaintiff 3 and the defendant shall be assessed against the defendant.

The original judgment shall be reversed, and a reasonable judgment shall be brought again.

The grounds of appeal by Defendant’s attorney are as stated in the separate appellate brief.

First of all, according to the decision of the court below, the decision of the court below is clearly recorded in the decision of the Daegu District Court on February 6, 1962 as to whether the decision was rendered by reading the order and reason in accordance with the original document, and it is clear that the decision of the court below was prepared until the above decision of the court below is made, and according to the above decision, it is necessary that the judgment of the court below in 4294 is not an indication of the language stated as the date of preparation of the decision, and therefore, it is obvious that the judgment of the court below cannot be seen as a document of the judgment of the court below, since it is not an indication of the language stated as the date of preparation of the decision of the court below.

In light of the above (2) points, the acquisition and loss of real rights due to a juristic act on real property is a provision in the Civil Act as effective condition, and the registration due to sale and purchase of the real property is made, and the person who acquires the ownership acquires the ownership entirely, while it is reasonable to interpret that the ownership is lost completely, and a part of the claim for real property, which is the substance of ownership, may be reserved or reserved against each owner by the intention of the parties concerned, is detrimental to the nature of legal principle or the acquisition and loss of real rights, and it is unreasonable to interpret it as unjust. According to the reasoning of the judgment of the court below, the part owned by the plaintiff 1 among the land in this case is sold to the non-party 1 on December 15, 1961, and the ownership transfer registration of each of the above owners was made on September 1, 196, and it is clear that the plaintiff et al. has the legitimate interest of the claim in this case as the original owner, and it is not unlawful by misapprehending the judgment of the court below as to the plaintiff 5's right to this case.

Judges Kim Kim-gn (Presiding Judge)