beta
(영문) 부산지방법원 동부지원 2021.02.02 2020가단4838

소유권이전등기

Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Facts of recognition

The Plaintiff received a successful bid for the instant section of exclusive ownership, which was owned by the Defendant, among the buildings constructed on a scale of 278 square meters in Busan Shipping Daegu, Busan, and paid the price in full on March 4, 2020. Of the registry concerning the instant section of exclusive ownership, there is no indication as to the title of the site in the title of the building that is the section of exclusive ownership among the registry concerning the instant section of exclusive ownership, and the fact that the Defendant was the owner of the ownership of the 11907/13900 shares during the said answer that the Plaintiff was the owner of the ownership of the 11907/13900 shares in the said answer is recognized as the whole of the pleadings.

Judgment

ex officio, we examine the legitimacy of the instant lawsuit.

Since the purchaser who paid the sales price in full can complete the registration of transfer of ownership by entrusting the registration of transfer of ownership to the purchaser for the real estate sold by the auction court pursuant to the relevant provisions, such as the Civil Execution Act, etc., there is no interest in demanding the previous owner, etc. to implement the registration procedure for transfer of ownership based on the successful bid (see Supreme Court Decisions 99Da17272, Jul. 9, 199; 9Da17272, Sept. 9; 144(1)1 of the Civil Execution Act). In other words, the plaintiff who paid in full the sales price for the portion of exclusive ownership of this case can file a claim for the implementation of the registration procedure against the defendant, who is the former owner of the portion of exclusive ownership of this case, to the auction court.

The purport of the instant claim is that the Plaintiff, who was the purchaser of the instant exclusive ownership that received the successful bid and paid in full, seeks the implementation of the procedure for the registration of transfer of ownership against the Defendant, the former owner, for the registration of transfer of ownership regarding the instant exclusive ownership. This is nothing more than a legal interest in litigation in light of the legal principles as seen in the foregoing Section B.

Meanwhile, as the cause of the instant claim, the Plaintiff purchased the instant section of exclusive ownership in the said voluntary auction procedure, and thus falls under the instant section of exclusive ownership among the above answers.