소유권이전등기절차이행등
1. The plaintiff (appointed party)'s lawsuit against the defendant B shall be dismissed;
2. The defendant corporation of the plaintiff (appointed party).
1. As to the claim against the Defendant Company, the Plaintiffs asserted that on October 25, 201, the sales contract was concluded with the Plaintiffs on the attached real estate indicated as payment in substitutes (hereinafter “instant building”) instead of paying the respective construction price obligations of the E-Newly constructed construction (alley equipment electrical sector) located in Seocheon-si, the Defendant Company bears against the Plaintiffs, and that the Defendant Company requested the implementation of the ownership transfer registration procedure based on the said sales contract.
However, in light of the following: (a) the sales contract submitted by the Plaintiffs as evidence of the fact of entering into the sales contract is the seller’s column on the rights and obligations succession slip; (b) so, it is difficult to acknowledge the Defendant company’s intention of transfer; (c) the Plaintiffs’ assertion in the sales contract was rejected due to the above reasons; and (d) the witness F’s testimony alone is hard to say that F was entitled to transfer the instant building to the Plaintiffs on behalf of the Defendant Company as payment in kind; and (e) each written confirmation (i) the Plaintiff’s submission of evidence does not have an independent value as evidence; and (ii) it is difficult to deem that the sales contract was effective between the Plaintiffs and the Defendant Company.
Therefore, we cannot accept the claim against the defendant company.
2. The Plaintiffs asserted that the sale among the Defendants on the instant building was null and void due to the violation of the anti-social order or the Act on the Registration of Real Estate under Actual Titleholder’s Name. In order to preserve the Plaintiffs’ claim for ownership transfer registration against the Defendant Company, the Plaintiffs seek to cancel the ownership transfer registration completed in the future of Defendant B on behalf of the Defendant Company.
However, it is a specific claim to be preserved by subrogation.