beta
(영문) 인천지방법원부천지원 2015.02.10 2014가단20655

소유권이전등기

Text

1. As to the real estate stated in the attached list to the Plaintiff, Defendant B Union was caused by sale on March 27, 2006.

Reasons

1. Claim against the Defendant Association B (hereinafter “Defendant Association”).

A. On March 27, 2006, the plaintiff and the defendant union filed a claim for the registration of ownership transfer pursuant to the sales contract entered into between the plaintiff and the defendant union for the real estate of this case.

Grounds for Recognition: Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act)

2. Claim against Defendant C

A. On March 27, 2006, the Plaintiff asserted that the real estate of this case was owned by the Plaintiff, barring special circumstances, since the Plaintiff purchased the above real estate from the Sejong Industrial Development Co., Ltd., the real owner of the real estate of this case. Meanwhile, the Defendant Union completed the registration of ownership transfer of this case to Defendant C, which was completed without any title, and thus, Defendant C is obligated to implement the registration procedure for cancellation of ownership transfer of this case.

B. If the plaintiff's above assertion purports to seek cancellation of the ownership transfer registration of this case against the defendant C directly based on the plaintiff's ownership of the real estate of this case, the plaintiff's purchase of the above real estate from the Sejong Industrial Development Co., Ltd., claiming that the plaintiff is the actual owner, and the plaintiff did not complete the registration of ownership transfer of the above real estate or original acquisition of the above real estate, and thus, the plaintiff's ownership as to the real estate of this case is not recognized. Accordingly, the plaintiff's assertion on the premise that

If the plaintiff's above assertion purported to seek cancellation of the ownership transfer registration of this case against the defendant C by subrogation of the defendant association based on the right to claim ownership transfer on the real estate of this case against the defendant association, it is insufficient to recognize that the registration of ownership transfer of this case was invalid by only the descriptions in subparagraphs 1 through 4.