소유권이전등기
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 29, 2009, the Plaintiff asserted that the ownership of the real estate listed in the separate sheet (hereinafter “the instant real estate”) was waived, and on April 2, 2014, the ownership of the said real estate was transferred to the Plaintiff as the primary reason for the primary sale, and as such, the Defendant sought implementation of the procedure for ownership transfer registration accordingly.
2. In order to establish a contract, there is a need for a mutual agreement between the parties on all matters constituting the content of the contract in question, and such mutual agreement on its essential or important matters should be agreed upon by a specific intention or at least on standards and methods that may specify the future in detail.
(2) In light of the above legal principles, since a sale and purchase takes effect when one of the parties agrees to transfer a property right to the other party and the other party agrees to pay the price in return for the transfer of the property right to the other party, the sales and purchase contract can be concluded by mutual agreement between the parties regarding the transfer of the property right by the seller and the payment in return for the price by the buyer. In such a case, the subject matter and the price of the sale are not necessarily required to be specified at the time of the conclusion of the contract, and the method and criteria to specify the subject matter and the price thereafter are determined.
(See Supreme Court Decision 84Meu2454 delivered on February 11, 1986). With respect to the return to the instant case and the Plaintiff’s primary claim, subparagraph 4 (a delegation letter) states that “the Defendant shall delegate to the Plaintiff all the powers and property rights of the Plaintiff by waiving them,” and subparagraph 7 (a) states that “the Defendant shall, as the lessee of the instant case, agree to allow the Plaintiff to reside in the Plaintiff without limit,” respectively.