The nature of the obligation to cooperate in registration to the transferee of the real estate transferor.

In the transfer of real estate, the transferor has a duty to cooperate with the transferee until the end of the registration of transfer of ownership in the future of the transferee, and the duties of the transferor are to complete his/her own act of disposal of real estate at the same time, and at the same time, the transfer of ownership does not complete the registration of the transferee without the cooperation of the transferor who is the person liable for registration. Therefore, the transferor's duty to cooperate in the registration of the transferor is to be borne by the transferee who is the person liable for registration, and in such case, the transferor is a person who administers another'

Article 355 of the Criminal Act

Defendant

Prosecutor

Seoul District Court (62 high 15770)

The judgment of the court below is reversed and the case is remanded to the Seoul Criminal Court.

Even if the chief prosecutor of the Seoul District Public Prosecutor's Office's summary grounds of appeal and his defense counsel's answer thereto are acknowledged, the court below, after the first statement of the grounds of appeal and the reply, ruled that the defendant jointly made an investment with the non-indicted 1 and operated the non-indicted 2 corporation, and that when the non-indicted 1 withdraws on or before August 2, 1960, the defendant divided 40 square meters of the forest at issue into Dongs. The 30 square meters of the above 80 square meters of the company's transfer to the non-indicted 3 was made by the non-indicted 4 to the non-indicted 1's payment of debt to the non-indicted 1 and the non-indicted 4's transfer of the company's property was registered under the name of the defendant, and thus, the defendant did not know of the fact that the non-indicted 1's transfer of ownership to the non-indicted 2 corporation and the non-indicted 1's transfer of ownership to the non-indicted 2 corporation's own account.

Since Article 186 of the Civil Act explicitly provides that the acquisition, loss, and transfer of real rights due to a juristic act on real estate takes effect, it does not mean that the transferor has a duty to cooperate with the transferee until the completion of the registration of transfer of ownership in the future of the transferee. However, in the case of transfer of real estate, the transferor's duty is to complete his own act of disposal of real estate on his own face and at the same time, the transfer of ownership does not complete the registration of the transferee without the cooperation of the transferor. Therefore, the transferee's duty to cooperate with the registration of the transferor is part of the business for the acquisition of the ownership of the transferee, and the duty to cooperate with the registration of the transferor is not primarily borne by the transferee. The court below determined that the transferor's duty is a business for the transferor's own interest, unless there are special circumstances, and therefore the defendant is determined that the crime of breach of trust is not established on the ground that it does not constitute a person who administers another's business, which is a constituent element of the crime of breach of trust, but it does not constitute a justifiable appeal by a prosecutor.

The judgment of the court below is not to dismiss the reversal on this point, and this case is justified for the court below to re-examine and determine the case, so it is so decided as per Disposition in accordance with Articles 391 and 397 of the Criminal Procedure Act.

Judges’ tenure (Presiding Judge) (Presiding Judge)