소유권이전등기
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the court's explanation concerning this case is as follows, except for the addition of the judgment on the defendant's additional argument at the trial under Section 2, Section 18 of the judgment of the court of first instance to the part concerning the reasons of the judgment of the court of first instance, and therefore, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The defendant's additional argument
A. The Defendant’s agreement (i.e., the content that the J would transfer the ownership of the instant land to the Plaintiff after completion of a completion inspection after construction of a new building; hereinafter “instant agreement”) between the Plaintiff and the J on the 95 square meters of land (hereinafter “instant land”) corresponding to the part on the part on the ship indicated in the separate drawing between J constitutes an acquisition of performance, and thus, the Defendant, the underwriter, is merely liable for the registration of ownership transfer of the instant land to J as the obligor, and the Plaintiff, the obligee, cannot seek the above performance obligation directly against the Defendant.
B. Even if the Defendant is liable to perform the registration of transfer of ownership of the instant land to the Plaintiff, he/she is obligated to perform the said registration on the premise that the Plaintiff would be paid the price equivalent to the market price of the instant land. Since he/she was not paid the said price by the Plaintiff, the said registration of transfer of ownership
C. The Plaintiff and J concluded a sales contract only for the remaining land except the instant land, and since the instant land was owned by the Plaintiff, only the registered name was transferred to J, it constitutes a title trust agreement and the instant agreement is null and void as it is premised on a title trust agreement.
3. Determination
A. Article 454 of the Civil Code is effective against the obligee only when the third party assumes the obligation by contract with the obligor and discharges the obligor's obligation.