소유권이전등기
1. The lawsuit of this case is dismissed in exchange for another court.
2. The total cost of the lawsuit.
1. Basic facts
A. F (Death on January 19, 2015) completed the registration of ownership transfer on April 11, 1963 on the ground of sale and purchase of D land as of March 14, 1963, and G completed the registration of ownership transfer on the said land on January 19, 2015 on the ground of inheritance by agreement and division as of January 19, 2015.
B. On October 12, 2016, the Plaintiff and the designated parties completed the registration of transfer of ownership with respect to D land on October 21, 2016, based on sale and purchase by October 21, 2016.
C. Land E is adjacent to land D, and the defendant completed the registration of ownership transfer on September 5, 198 on land E due to sale on August 24, 198.
On October 6, 2016, the Plaintiff drafted a land exchange agreement (A evidence No. 1; hereinafter referred to as the “instant agreement”) between the Defendant and the Defendant on the condition that the land should be exchanged between the land and E.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings
2. The plaintiff's assertion
A. Since the Defendant entered into a land exchange contract with the Plaintiff who represented G, with the content that the land will be exchanged with the land, G has the right to claim the registration of ownership transfer against the Defendant (1).
B. On October 12, 2016, after the conclusion of the above exchange contract, the Plaintiff and the designated parties concluded a sales contract with G to the effect that they would be transferred not only the land D from G but also the land to the Defendant according to the exchange contract with the Defendant. As such, the Plaintiff and the designated parties have the right to claim for the transfer of ownership of land ① against G.
C. Nevertheless, G only completed only the transfer registration of ownership of D land to the Plaintiff and the designated parties, but also failed to implement the registration procedure for transfer of ownership of land.
Therefore, the plaintiff and the designated person are about the land of G.