beta
(영문) 대법원 2015.06.11 2013다41

소유권이전등기

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

For the reasons indicated in its holding, the lower court rejected the Defendant’s assertion that: (a) the Plaintiff and the Defendant and C 3-party were liable to implement the registration procedure for ownership transfer of the instant real estate; and (b) there was an agreement between the Plaintiff and the Defendant and C-party to transfer the Plaintiff’s status to C.

Examining the records in light of the relevant legal principles, the lower court’s reasoning is somewhat inappropriate, but the conclusion that C rejected the Defendant’s assertion that C was transferred the buyer’s status from the Plaintiff and ordered the Defendant to implement the procedure for the registration of ownership transfer of the instant real estate to the Plaintiff is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.