It can not be affected by the trend of substantial ownership of secured real estate by the creditor who acquired the ownership of the special agreement for repurchase that lost the security right after receiving the repayment of the debt.

If a creditor who acquired the ownership of real estate with a special agreement for repurchase in order to secure a claim has lost the security right by satisfaction of the obligation, any intention of the creditor shall not affect the actual ownership of the secured real estate.

Article 372 of the Civil Act

Lee Dong-dong

Defendant 1 and two others

Daegu District Court Decision 68Na619 delivered on November 6, 1969

The original judgment is reversed, and the case is remanded to the Daegu High Court.

The plaintiff's grounds of appeal are examined.

The judgment of the court below is reasonable to dismiss the plaintiff's claim. The plaintiff's joint defendant 1 was owned by the plaintiff's co-defendant 1 and the non-party 1 was registered on the above real estate as collateral for the non-party 1 to whom the plaintiff's co-defendant 1 had no effect on the transfer registration of the above real estate. The court below's decision that the non-party 1's co-defendant 1 had no effect on the transfer registration of the above real estate under the non-party 1's name and the non-party 1's co-defendant 1's co-defendant 1's co-defendant 1's co-defendant 1's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party's non-party 1's non-party's non-party joint defendant 1's non-party 1's non-party.

The judge of the Supreme Court of the Republic of Korea (Presiding Judge) Mag-Jak Kim Jong-young Kim Young-ho