매매계약부존재확인
1. On February 9, 2015, the Plaintiff (Counterclaim Defendant) purchased and sold real estate recorded in the separate sheet to the Defendant (Counterclaim Plaintiff).
The principal lawsuit and counterclaim shall be judged together.
1. Summary of the parties' arguments;
A. Although the Plaintiff did not have concluded a sales contract with the Defendant on the attached real estate (hereinafter “instant apartment”), the Defendant applied for the provisional disposition prohibiting the disposal of the instant apartment with the right to claim the registration of ownership transfer under the sales contract for the right to sell the apartment as the preserved right, the Plaintiff’s summary of the Plaintiff’s assertion is that there was no sales contract for the instant apartment between the Defendant and the Defendant.
B. The summary of the defendant's assertion was that the plaintiff purchased the right to sell the apartment of this case from the plaintiff, and the plaintiff who completed the registration of ownership transfer on the apartment of this case is obligated to implement the procedure for ownership transfer registration on the ground of sale.
2. Facts recognized;
A. On January 2015, the Defendant: (a) obtained the right to sell the instant apartment in relation to the apartment sales business executed by the first patrolman C; (b) the right to sell the instant apartment (hereinafter “instant right to sell the apartment”).
B. On February 9, 2015, the Plaintiff entered into a contract for the supply of the instant apartment (hereinafter “instant apartment sales contract”) with C Corporation (hereinafter “instant apartment sales contract”).
C. On February 9, 2015, the original copy of the apartment sale contract of this case entered into between the Plaintiff and C Corporation, and the seller’s signature and seal impression in the seller column are affixed only with the Plaintiff’s signature and seal impression affixed, and the buyer column holds a certificate of real estate transactions in blank, a certificate of performance, a certificate of waiver of right, a certificate of waiver of right, a certificate of renunciation of transfer, a certificate of renunciation of right, a certificate of renunciation of right and a joint performance, a written consent to real estate sale and purchase, a written consent to collateral security contract, a certificate of delegation, a contract of real estate sale and purchase, and a receipt (hereinafter referred to as “documents to secure rights”).