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(영문) 부산지방법원 서부지원 2018.12.07 2018가단1924

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 29, 201, the Plaintiff and Nonparty C jointly concluded a contract with the Defendant to purchase KRW 460,000,000 of the purchase price (hereinafter “instant sales contract”) of Dagra’s seven houses (Nos. 501, 101, 102, 201, 202, 202, 301, 302), including the real estate listed in the separate sheet (hereinafter “instant 501”).

B. As to the purchase price, ① KRW 10 million was paid in cash until October 4, 201, and ② KRW 412,000,000 out of the remainder, the Plaintiff and C accepted the Defendant’s existing lease deposit obligation amounting to KRW 178,00,000 and Busan Bank loan obligation amounting to KRW 234,00,000 in lieu of payment.

C. Upon C’s request, the Defendant completed the registration of transfer of ownership on the ground of sale as of October 31 of the same year in the name of Non-Party dong Co., Ltd. (hereinafter “Dongdong”) on December 7, 201 with respect to the above 7 headings except for the instant 501 among the said 501 units, 102, 201, 202, 301, and 302.

After that, the defendant on July 21, 2016 with respect to subparagraph 501 of this case and the same year in the future of Nonparty E.

6.21.The registration of transfer of ownership was completed on the ground of sale.

[Reasons for Recognition] Facts without any dispute, Gap 1, 2, 3, Eul 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. The assertion and judgment

A. In the Plaintiff’s assertion in the instant sales contract, the Plaintiff agreed to receive the Plaintiff’s instant 501, and C agreed to receive the remaining six family rooms from the Defendant. While the Defendant transferred the registration of ownership transfer concerning the said six family rooms to C, the Plaintiff refused to implement the procedure for the registration of ownership transfer concerning the instant 501.

In the meantime, the Defendant completed the registration of ownership transfer on July 21, 2016 to E, and thus, the Defendant’s obligation to transfer ownership under the instant sales contract to the Plaintiff was impossible. Therefore, the Defendant is the Plaintiff.