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(영문) 대전고등법원(청주) 2019.11.20 2019나2415

소유권이전등기

Text

1. Of the part of the claim against Defendant C in the judgment of the court of first instance, the part ordering delivery under paragraph (2) below is applicable.

Reasons

1. Basic facts and the defendants' real estate sale contract (hereinafter "the second apartment of this case"), and the second apartment sale contract between the plaintiff and the defendant Korea Land and Housing Corporation, and the reasons why this court is stated as to this part is the reasons for the judgment of the court of first instance and the reasons for the second apartment sale contract of this case.

Since the pertinent part of a claim is identical to that of the Defendants, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On February 9, 2017, the fact that the sales contract for the instant apartment No. 2 was concluded between the Plaintiff and the Defendant Korea Land and Housing Corporation as to the claim against the Defendant Korea Land and Housing Corporation is recognized earlier.

The defendant Korean Land and Housing Corporation shall have a defense of simultaneous performance that the plaintiff cannot respond to the claim for transfer registration of ownership until the purchase price is paid.

As of February 9, 2017, the obligation to pay a price equivalent to the market price and the obligation to transfer ownership in the sale of real estate due to the exercise of the right to demand sale are concurrently performed, and as of February 9, 2017, the market price of the second apartment as of February 9, 2017, was 87,000,000 won as of the date of the conclusion of the above sale contract. Thus, barring any special circumstance, Defendant Korea Land and Housing Corporation is obligated to pay the Plaintiff KRW 87,00,000 to the Plaintiff at the same time with respect to the second apartment as of February 9, 2017.

The defendant Korea Land and Housing Corporation, as the defendant C had the right to claim ownership transfer registration against the defendant Korea Land and Housing Corporation based on the second apartment sale contract of this case, was provisionally seized or seized by F and G, there is also a defense to the effect that it cannot respond to the plaintiff's claim for ownership transfer registration without the provisional attachment and seizure cancellation

Attachment or provisional attachment on the right to claim ownership transfer registration is not against the subject of the right to claim ownership transfer registration, but against the debtor and the third debtor.