[소유권이전등기절차이행][공1975.6.15.(514),8435]
A person who normally bears the registration expenses when transferring ownership to the purchaser due to a sales contract for a special contract for repurchase;
In concluding a sales contract with a special contract for repurchase, the buyer shall normally bear the expenses for the transfer of ownership when the buyer registers the ownership in the future.
Attorney Choi Man-hee et al., Counsel for the defendant-appellant
Lee Jae-won
Seoul High Court Decision 74Na1407 delivered on December 10, 1974
The original judgment is reversed and the case is remanded to the Seoul High Court.
As to the ground of appeal No. 1 by the Plaintiff’s Attorney:
In light of the reasoning of the judgment on February 20, 1972, the plaintiff purchased the real estate of this case from the non-party 1,450,000 won, and sold the real estate of this case to the defendant 2,300,000 won on the day of May 20, 1972, the court below can repurchase the real estate of this case with an interest of 5% per month on the above purchase price plus an interest of 1,15,000,000 won until 1 month prior to the expiration of the repurchase period, and can repurchase the real estate of this case at 2,530,000 won with an interest rate of 1,50,000 won after deducting the interest rate of 1,15,000 won on the above purchase price from the defendant 2,50,000 won on the date of borrowing the real estate of this case for the purpose of 2,500,000 won after the expiration of the repurchase period.
However, when a sale contract with a special contract for repurchase is concluded, the agreement that the seller (the purchaser) agrees to return the expenses for the registration of transfer of ownership borne by the purchaser due to the sale contract with the special contract for repurchase at the time of repurchase is not redeemed even if the purchase and sale is not redeemed, the seller shall pay the expenses for the registration of transfer of ownership at the time of registration of transfer under the sale and sale contract, unless there are special circumstances to the contrary, barring special circumstances. However, the original judgment rejected the plaintiff's assertion that the plaintiff, who is the seller of the above expenses for the registration of transfer of ownership, bears the expenses for the registration of transfer of ownership at the defendant's future without examining whether there is an agreement on the refund of the expenses for the registration of transfer of ownership when the purchase and sale is not redeemed, and it is erroneous in the misapprehension of the original judgment, and without examining whether there is a reason to appeal on this point and without examining any other issues.
Therefore, according to Article 406 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating Justices.
Justices Rin- Port (Presiding Justice)