A. The validity of the provisional disposition that is prohibited against the transferor by the subsequent purchaser of the real estate in subrogation of the transferor and the transferee; and

(b) Where the subsequent purchaser of the real estate takes a provisional disposition, such as prohibiting the transfer of ownership, by designating the subsequent purchaser and the transferee as the debtor and designating the transferor as the garnishee, the validity of the registration of each transfer of ownership made in violation of such provisional disposition;

A. In a case where a subsequent purchaser of real estate took a provisional disposition against the transferor, by subrogation, to preserve the right to claim ownership transfer registration against the transferee and the seller, the right to be preserved is the right to claim ownership transfer registration against the transferor, and is not included in the right to claim ownership transfer registration against the subsequent purchaser. Therefore, the transferor is not prohibited from making the registration of ownership transfer to the transferee.

B. The subsequent purchaser of the real estate shall not exercise any act of disposal or right such as the right to claim the transfer of ownership against the garnishee, the right to claim the transfer of ownership, and transfer of the right under the contract for sale in lots against the garnishee. Even if the third debtor has made a provisional disposition ordering the omission that the registration of ownership transfer should not be completed, if such provisional disposition is not registered, and if it cannot be registered, the third party filed a lawsuit against the debtor and the third debtor for performance of the procedure for the transfer in sequence, and the judgment in favor of the third party becomes final and conclusive, and the third party's registration of ownership transfer from the debtor is valid, and each registration of ownership transfer made by the debtor to the debtor shall not be affected by such provisional disposition.

Article 404 of the Civil Act, Article 714 of the Civil Procedure Act

Supreme Court Decision 86Da397 delivered on November 25, 1986, 86Da2267 delivered on September 27, 1988, Supreme Court Decision 87Meu3155 delivered on April 11, 1989

[Judgment of the court below]

Attorney Yang Young-young, Counsel for the defendant-appellant

Gwangju District Court Decision 87Na464 delivered on January 21, 198

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

(1) In cases where a subsequent purchaser of real estate (creditor) made a provisional disposition against the transferor (third debtor) by subrogation of the transferee in order to preserve the right to claim ownership transfer registration against the transferor (third debtor), the right to be preserved by such provisional disposition is the right to claim ownership transfer registration against the transferor and does not include the right to claim ownership transfer registration against the subsequent purchaser. Thus, the provisional disposition does not prohibit the transferor from making the registration of ownership transfer to the transferee (Article 86Da397, Nov. 25, 1986; Supreme Court Decision 84Da2267, Sept. 27, 198). Thus, there is no ground to hold that it is discussed.

(2) It is identical to the theory of lawsuit that if the creditor acts in subrogation of the debtor's third debtor's right and the debtor knows it, the debtor cannot dispose of his right. However, in the case of the real estate of this case, the plaintiff filed a lawsuit against the non-party and Young-gun to the above non-party to the lawsuit against the non-party that the non-party should implement the procedure for the registration of transfer of ownership, and the non-party was awarded a favorable decision. In this case where the registration of transfer was completed in sequence pursuant to this decision, the defendant acting in subrogation of the above non-party's right to the above non-party

(3) The Defendant, with the above Nonparty as the obligor and the above Young-gun as the garnishee, may not exercise all acts of disposal and rights such as the right to claim for ownership transfer registration of the instant real estate against the garnishee and transfer of other rights under the sales contract. The third obligor is not entitled to the effect of the provisional disposition ordering the obligor to not register the ownership transfer, but such provisional disposition has not been registered but can not be registered. As such, the registration of each transfer of ownership made in sequence from the Young-gun to the non-party and the plaintiff from the non-party on the same ground as the above recognition of the instant real estate is valid, and its effect is not affected by such provisional disposition. Therefore, the third obligor is not entitled to the grounds for appeal.

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

Justices Park Yong-dong (Presiding Justice)