소유권이전등기
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The following facts may be found either in dispute between the parties or in Gap evidence No. 2 by integrating the purport of the entire pleadings.
On April 15, 1999, the Plaintiff, along with the Defendant and C, purchased D Forest land of 15,074 square meters (hereinafter “instant forest land”) (hereinafter “instant forest land”) and at the same time, its size was reduced to 14,548 square meters; hereinafter “the instant forest land”). On May 8, 1999, the Plaintiff completed the registration of transfer of ownership in the name of the Defendant with respect to the shares of 5,025/15,074 in the instant forest land, and with respect to the remaining shares of 5,025/15,074 in the name of the Defendant, and with respect to the shares of 5,025/15,074 in the name of the other 5,025/15,074 in the name of the
B. On February 20, 2012, the Plaintiff completed the provisional registration of ownership transfer claim (hereinafter “provisional registration of this case”) on November 21, 2011, with respect to shares 5,025/15,074 in the name of the Defendant (hereinafter “instant shares”) under the name of the Plaintiff, from the receipt of the 3843 registry office of the Daejeon District Court, under the name of the Plaintiff.
C. On October 15, 2014, the Plaintiff completed the registration of transfer of ownership based on sale on August 27, 2014 under the Plaintiff’s name with respect to shares of 5,025/15,074 in the instant forest.
2. Summary of the parties' arguments;
A. On November 21, 2011, the Plaintiff entered into a pre-sale agreement with the Defendant to purchase the instant shares in KRW 30,000,000 from the Defendant, and completed the instant provisional registration with respect to the instant shares in the name of the Plaintiff, and paid the Defendant KRW 30,00,000 in full.
Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the provisional registration of this case with respect to the share in this case, on the ground of the completion of the pre-contract on the date of delivery of
B. Defendant 1) The Defendant did not enter into a pre-sale agreement with the Plaintiff on the instant shares, and submitted Gap evidence 1 (the pre-sale agreement, the pre-sale agreement, and the pre-sale agreement).