소유권이전등기
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Judgment as to the primary cause of claim
A. The Plaintiff asserted that, on August 3, 2016, the Plaintiff concluded a sales contract with Defendant B to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”).
Since Defendant B is the actual owner of the instant real estate, the Defendants are obligated to implement the registration procedure for ownership transfer with respect to the instant real estate. The Plaintiff cannot be deemed to have concluded a sales contract with Defendant B.
Even if the Plaintiff and Defendant B entered into a trade reservation or conditional sales contract, and the Plaintiff paid KRW 1666 million to Defendant B, and the terms and conditions of the sales contract are fulfilled, and Defendant B cannot unilaterally rescind the sales contract. Therefore, the Defendants are liable to implement the procedure for the registration of ownership transfer to the Plaintiff with respect to the instant real estate.
B. In order to establish a judgment contract, the parties’ agreement is required to be reached, and such agreement is not required with respect to all matters constituting the content of the contract in question, but there is a need to agree on the essential matters or important matters with respect to the standards, methods, etc. which are specifically and specifically agreed upon or at least specific in the future. In the absence of such agreement or agreement to such an extent, the contract shall be deemed not to be concluded, barring any special circumstances.
(See Supreme Court Decision 200Da51650 Decided March 23, 2001, and Supreme Court Decision 2011Da102080 Decided June 28, 201, etc.). In light of the aforementioned legal principles, the following circumstances, which can be recognized by the respective entries and arguments as stated in subparagraphs (i) and (ii) the Plaintiff and the Defendants did not prepare a sales contract as to the instant real estate, i.e., the following circumstances, which are acknowledged by the purport of the entire pleadings and arguments. < Amended by Act No. 11448, Jun. 28, 201; Act No. 11308, Mar. 23,