소유권이전등기말소
1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are as follows.
2.(a)
-2) The first instance court's decision dismissing the Plaintiff's claim, even if each of the evidence and the result of pleading submitted at the trial were to be seen as reasonable, is not significantly different from the allegations at the first instance except for the conjunctive claim and the conjunctive claim added in paragraph 3.
Therefore, this court's reasoning, including the allegations and evidence of the parties added in the trial, shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is stated in the reasoning of the judgment of the first instance, except for the further determination by supplementing the reasoning of the judgment of the first instance as stated in the following
2. Additional determination
A. The Plaintiff’s assertion 1) The Plaintiff did not have a sales contract, which is the ground for registration of the ownership transfer registration of this case, and as long as it cannot be deemed that the Defendant acquired the instant apartment due to the payment in kind, the agreement on division of property, and the division of property between the Plaintiff and the Defendant on January 8, 2007, the presumption of registration of the ownership transfer registration of this case under the name of the Defendant was destroyed. Therefore, in the event that the Defendant primarily seeks implementation of the procedure for registration of the ownership transfer registration of this case and the transfer of this case’s apartment, the presumption of the presumption of registration of the ownership transfer registration of this case is presumed to be lawful, and the sales contract of this case’s apartment of this case is deemed to exist. Since the Defendant did not pay the purchase price to the Plaintiff, the above sales contract is revoked, and the Defendant seeks the implementation of the procedure for registration of cancellation of ownership transfer registration
3. In a case where it is deemed that there exists a sales contract for the apartment of this case, the purchase price or acquisition of the apartment of this case acquired by the defendant for the defendant.