소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On July 19, 2006, the basic facts were determined to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant from the Defendant as the sales price of KRW 460,000,000, the down payment amount of KRW 46,000,000, and the remainder amount of KRW 46,00,000, and the down payment of the remainder on October 18, 2006 (hereinafter “instant sales contract”). At that time, the Defendant paid the down payment to the Defendant.
[Ground of recognition] Unsatisfy, entry of Gap evidence 2 (including provisional number), purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that the Defendant received down payment after concluding the instant sales contract with the Snb C, and that the status of the purchaser based on the instant sales contract has been transferred in sequence to Snb C, D, Mine Construction Co., Ltd., and Plaintiff, the Defendant was obligated to receive sales balance from the Plaintiff, and at the same time, to perform the registration procedure for transfer of ownership based on the instant sales contract with respect to the real estate stated in the separate sheet.
B. On the basis of the evidence submitted by the Plaintiff, even if the instant business right owned by SPC on September 25, 2008, which was transferred to the Plaintiff on February 26, 2010, D, 2010, and October 17, 2014, is insufficient to recognize that SP transferred the buyer’s status per se based on the instant sales contract. Since it is difficult to view the Plaintiff as the buyer of the instant sales contract, the instant lawsuit filed in the position of buyer is without merit.
Even if it is assumed that the Plaintiff is the purchaser of the instant sales contract, the Plaintiff’s argument is made in each description of the evidence Nos. 1 and 2.