The case holding that the act of selling 2nd real estate as anti-social act is null and void.

In a case where the non-party Red Mining Table, which is liable to sell the land of this case to the plaintiff and pay the price in full, violates its duty and sells it to the defendant company, which is in fact controlled as representative director, the defendant company was actively involved in the act of breach of trust of the above red Mining Table. Thus, the purchase of the land of this case by the defendant company is null and void as a juristic act contrary to social order.

Article 103 of the Civil Act

Supreme Court Decision 72Da343 delivered on April 28, 1972, 73Da120 delivered on February 26, 1974 (No. 10081 delivered on April 28, 1972, Supreme Court Decision 20Nu10081 delivered on April 26, 197, and Article 103(38)229 of the Civil Act

The best rules

Information South and nine others

Daejeon District Court (77 Gohap351,584) in the first instance trial

1. Revocation of the original judgment;

2. From among the registration of ownership transfer made by the Daejeon District Court No. 37379 on Nov. 16, 1973 with respect to the six to forty-seven-seven-four Hobbbes in the Dae-dong 151, the defendant Daejeon Alcoholic Industries Co., Ltd. implements the procedure for the registration of cancellation of shares of 24 shares in the defendant's information South, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-si and Dong Hong-si, 24 shares in each of 24 shares in that Hong-si, 6/24 shares in that Hong-si, and 4/24 shares in that Hong-si.

3. The defendant Information South, Dong Hong-si, and Dong Hong-si, Dong Hong-si, and Dong Hong-si, were 2/24 shares in each of the above sale and purchase of the above real estate to the plaintiff, 1/24 shares in each of the above sale and purchase of the above real estate, 24 shares in each of the above sale and purchase of the above real estate, 6/24 shares in each of the above sale and purchase of the above real estate, 24 shares in each of the above sale and purchase of the above real estate, 24 shares in each of the above sale and purchase of the above real estate to the plaintiff, and 24/4 shares in each of the above sale and purchase of the above real estate to the plaintiff.

4. The defendant Daejeon Alcoholic Industry Co., Ltd.'s counterclaim is dismissed.

5. The total costs of the lawsuit shall be borne by the defendants.

The plaintiff, as the main claim, will pay to the plaintiff the amount calculated by the rate of 5 percent per annum from the day following the delivery of the main claim to the plaintiff as the main claim, with the amount of money calculated by 26,754 won per annum from the following day of the delivery of the main claim to the plaintiff, 1,280,262 won per annum from the day of the delivery of the main claim, 426,754 won per annum for the defendant Information South, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-si, Dong Hong-

The costs of lawsuit are assessed against the defendants and a declaration of provisional execution.

Defendant Daejeon Alcoholic Industries Co., Ltd. is a counterclaim, and the Plaintiff (Counterclaim Defendant) is seeking a declaration of provisional execution and a judgment of payment of KRW 2,277,053 to the Daejeon Alcoholic Industries Co., Ltd.

The plaintiff is seeking a judgment as ordered by the court.

1. As to the principal lawsuit

(as to the plaintiff's primary claim)

(a) No. 2, 3, 4, 5, 1, 6, 7, 1, 7, 7, 7, 1, 7, 6, 1, 7, 7, 5, 7, 1, 7, 6, 7, 1, 7, 7, 6, 1, 7, 6, 7, 1, 7, 7, 6, 1, 7, 6, 7, 1, 7, 6, 7, 1, 6, 7, 1, 7, 6, 1, 7, 6, 7, 1, 7, 6, 1, 6, 7, 1, 6, 7, 1, 6, 6, 1, 6, 5, 1, 5, 1, 6, 1, 197, 6, 1, 3, 197, 4, 1, 6, 6, 1, 6, 3, 3, and 3.

B. According to the above facts, the non-party Red Mining Co., Ltd. is obligated to carry out the procedure of ownership transfer registration on the site of this case on April 22, 1968. Since the non-party Red Mining Co., Ltd., the heir of the deceased, and the non-party Red Ginseng Co., Ltd., are obligated to carry out the procedure of ownership transfer registration according to the above inheritance shares. On the other hand, the non-party Red Mining Co., Ltd., the plaintiff, who sold the building site of this case on April 22, 1968 and is obligated to carry out the procedure of ownership transfer registration after paying the price to the plaintiff. The non-party Red Mining Co., Ltd., the above non-party Red Mining Co., Ltd., the plaintiff violated his duty and already sold the building site of this case, which was delivered to the plaintiff as his representative director, to the non-party to this case again to the non-party company that was the plaintiff's representative director, and therefore, the non-party company is not obligated to carry out the above procedure of ownership transfer registration invalidation.

Therefore, the above claim against the defendants of the plaintiff seeking the implementation of the procedure for the registration of cancellation of ownership transfer according to their respective shares of the above defendant's information South Korea, etc. (excluding the defendant Daejeon Industrial Company) on the site of this case on behalf of the above defendants, and the above claim against the defendants of the plaintiff seeking the implementation of the procedure for the registration of cancellation of ownership transfer according to the above defendant's information South Korea, etc. on the site of this case on behalf of the above defendants.

2. As to the counterclaim

The Daejeon Alcoholic Industries Co., Ltd. (hereinafter referred to as the Defendant Counterclaim Plaintiff, hereinafter referred to as the “Defendant”) asserts that the instant site was owned by the Defendant Company, which completed the registration of ownership transfer on November 16, 1973, and without any title, since the Plaintiff acquired the said site, the Plaintiff occupied it, thereby gaining unjust enrichment from the rent party and suffered losses from the Defendant. Thus, the Daejeon Alcoholic Industries Co., Ltd, claiming the return of the amount of KRW 2,277,053, which is equivalent to the rent from November 17, 1973 to November 30, 197.

However, as determined in the above case, since the ownership transfer registration of the defendant's name, which was completed on the site of this case, is invalid, it cannot be said that the site of this case is the ownership of the defendant. Thus, the defendant's counterclaim claim based on the premise that the land of this case is owned by the defendant is no longer reasonable.

3. Conclusion

Ultimately, the plaintiff's main claim against the defendants is justified, and the plaintiff (Counterclaim plaintiff)'s main claim against the plaintiff (Counterclaim defendant) shall be dismissed without merit. However, the original judgment different from the party members' conclusion, dismissed the plaintiff's main claim as to the main claim, and accepted part of the plaintiff's main claim against the defendants other than the defendant Daejeon Heavy Industries Co., Ltd., and accepted the plaintiff (Counterclaim plaintiff)'s main claim against the defendant (Counterclaim defendant) and it is unfair that the plaintiff's appeal is reasonable. Accordingly, the original judgment is revoked, and the plaintiff's appeal is dismissed, and the plaintiff's main claim against the defendants is dismissed, and the plaintiff (Counterclaim plaintiff)'s main claim against the plaintiff is dismissed, and the total costs of the lawsuit shall be borne jointly by the defendants who lose the plaintiff, and it is so decided as per Disposition.

Judges Lee Young-soo (Presiding Judge)