가등기에 기한 본등기 청구
1. The defendant shall assist the plaintiff in Incheon District Court with respect to the portion of 75/100 of the real estate stated in the attached list.
1. The facts of recognition were that on September 29, 2006, the Plaintiff entered into a pre-sale agreement with the Defendant for sale and purchase of 75/100 shares of the real estate listed in the separate sheet (hereinafter referred to as “the instant building”) (hereinafter referred to as “the instant pre-sale agreement”) and entered into a provisional registration for ownership transfer registration (hereinafter referred to as “the provisional registration of this case”). On the same day, the fact that the Plaintiff sent to the Defendant on October 31, 2016 that the complaint of this case, including the Plaintiff’s expression of intent to seek the implementation of the pre-sale agreement based on the provisional registration of this case, may be recognized in full view of the respective entries and arguments in the evidence No. 1 through No. 5, and the entire purport of the pleadings, or is apparent in the record.
2. Judgment on the Defendant’s main defense
A. The defendant's assertion that the defendant constructed the building of this case as an executor, and the subcontractors, including the plaintiff, who did not receive the construction cost at the time, did not register the provisional registration of this case in the name of the plaintiff in order to receive payment in kind as the building
Therefore, the right to conclude the contract under the contract for the purchase and sale of this case is unlawful as the lawsuit filed by the Plaintiff solely is an action filed by a non-party, inasmuch as the said lawsuit is an inherent and necessary co-litigation in which the subcontractor at the time becomes the Plaintiff, in relation to the relationship between the subcontractor and the subcontractor’s completion.
B. The fact that the contract of this case was concluded between the Plaintiff and the Defendant is as seen earlier, and the Plaintiff’s right to conclude the contract of this case under the contract of this case cannot be seen as being completed with a third party.
Therefore, the defendant's defense of this case is without merit to examine further.
3. According to the facts acknowledged prior to the judgment on the merits, the defendant shall list the attached list.