소유권이전등기절차이행
1. As to the real estate stated in the attached list to the Plaintiff, the Defendant is based on sale on August 12, 2015.
1. Determination as to the cause of claim
A. On August 12, 2015, C representing the Plaintiff entered into a sales contract with D on behalf of the Defendant and each real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”) for KRW 116,00,000 (hereinafter referred to as “instant sales contract”).
[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 9-12, the purport of the whole pleadings
B. According to the above facts, the Defendant is obligated to implement the registration procedure for transfer of ownership on August 12, 2015 with respect to the instant real estate to the Plaintiff, except in extenuating circumstances.
2. Judgment on the defendant's assertion
A. The first argument asserts that the contract of this case was concluded by D representing the defendant beyond the scope of the authority granted by the defendant with respect to the purchase price, and that the plaintiff also knew such circumstances, and thus, is null and void.
In addition, there is no evidence to prove that the Defendant exercised the power of representation beyond the scope of authorization, and there is no other evidence to prove that the Defendant exercised the power of representation beyond the scope of authorization.
Therefore, the defendant's above assertion is without merit.
B. The second assertion is that the actual purchaser of the instant sales contract is C, and the Plaintiff is only the title trustee.
Therefore, although the instant sales contract is alleged to be null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), it is insufficient to view that the Plaintiff is only a title trustee solely based on the circumstances alleged by the Defendant (the Plaintiff’s age, date for pleading, or date for conciliation). There is no other evidence to acknowledge the above facts
Therefore, the defendant's above assertion is without merit.
C. The third party claimant's claim shall execute the procedure for the registration of ownership transfer to the plaintiff until the remainder is actually paid or deposited in reality.