소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On July 9, 1987, the Plaintiff’s assertion D purchased 714 square meters (hereinafter “instant land”) from the deceased E in order to purchase the entire 714 square meters (hereinafter “instant land”).
(hereinafter “instant sales contract”). On December 21, 1996, the Defendant, who was the wife, succeeded to the obligation of ownership transfer registration pursuant to the instant sales contract.
D The F and G succeeded to the claim for ownership transfer registration under the instant sales contract due to the death of their children, and the Plaintiff acquired the right to claim ownership transfer registration from F and G on October 21, 2015.
Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on the land of this case to the plaintiff on July 9, 1987.
2. In the event that real estate was transferred before transfer, the final transferee cannot directly request the first transferor to register the ownership transfer under his own name unless there is an agreement on the intermediate omission registration. In order to exercise the first transferor’s right to claim the ownership transfer registration by agreement on the intermediate omission registration, the final transferee is required to have an agreement on the omission registration between the first transferor and the final transferee, in addition to the agreement between the first transferor and the final transferee on the interim omission registration, in addition to the agreement between the first transferor and the latter.
Therefore, although the final transferee received the claim for ownership transfer registration from the intermediate, the final transferee received the claim.
Even if the first transferor does not consent to the transfer, the final transferee cannot claim the first transferor to implement the transfer registration procedure on the ground of the transfer of claims.
(See Supreme Court Decision 97Da485 delivered on May 16, 1997, etc.). The evidence submitted by the Plaintiff alone is sufficient to recognize that E or the Defendant consented to the Plaintiff’s acquisition of the right to claim for ownership transfer registration under the instant sales contract from D, F, and G, an intermediate person.