소유권이전등기절차 이행
1. The plaintiffs' primary and conjunctive claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Circumstances leading to the dispute of this case;
A. On July 21, 2016, the Defendant purchased the instant land from E and completed the registration of ownership transfer on the ground of such purchase.
B. On October 25, 2016, the provisional registration of the instant case was completed on October 24, 2016 due to the Plaintiffs’ “sale reservation” on October 24, 2016.
C. On October 25, 2016, on the instant land, the establishment registration of the instant mortgage was completed with respect to the Plaintiff A, the Defendant, as the debtor, and the maximum debt amount of KRW 150 million.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The parties' assertion
A. On October 24, 2016, the Plaintiffs purchased the instant land from the Defendant and paid the purchase price in full on the same day. However, upon the Defendant’s request, the Plaintiffs completed the provisional registration of this case, which was based on a pre-sale agreement, and the registration of the establishment of a mortgage of this case, which was made by the Plaintiff A as a creditor, without immediately completing the registration of ownership transfer.
In the first place, the Plaintiffs entered into a pre-sale agreement with the Defendant on October 24, 2016 on the instant land and concluded the pre-sale agreement, and thus, the Defendant is obligated to perform the principal registration procedure based on the provisional registration of this case. In the second place, the Plaintiffs entered into a sales contract with the Defendant on October 24, 2016 on the instant land, and thus, are obligated to perform the registration procedure on the ownership transfer for the instant land.
B. The Defendant provided the instant land to secure F’s obligation to Plaintiff A, and only the instant provisional registration was completed for this purpose.
3. Determination as to the cause of action
A. The issue of whether the provisional registration in question is a provisional registration for security is determined by whether the provisional registration in question is the real purpose of collateral security, and the cause on the registry of the pertinent provisional registration is the cause of the pertinent provisional registration.