소유권이전등기
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit shall be.
1. Basic facts
A. B Co., Ltd. (hereinafter “Nonindicted Company”) supplied construction safety equipment, etc. to the Defendant until 2007. The Plaintiff is the representative director of the said company at the time, who actually operated the said company.
B. As to the real estate listed in the separate sheet 1 attached hereto owned by the Defendant, the provisional registration of each right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on November 21, 2006 by the Incheon District Court No. 164932, Nov. 21, 2006, which was received on November 21, 2006 from the same court as to the real estate listed in the separate sheet 2 attached hereto, and each right to claim ownership transfer was registered as the ground for registration.
[Reasons for Recognition] 1-1 and 2-1 and the purport of the whole pleading
2. Determination on the main claim
A. As of November 20, 2006, the Plaintiff asserted that the non-party company held against the Defendant a claim for the purchase price of goods worth approximately KRW 7,80,000,000. However, the Plaintiff was entitled to transfer ownership of each real estate listed in the separate sheet, instead of paying the above purchase price claim, and received the provisional registration of this case. Thus, the above provisional registration is a priority preservation provisional registration which is not a provisional registration, but a provisional registration, based on the above provisional registration, for the reason of the completion of the pre-sale contract on the date of delivery of a copy of the complaint of this case, and instead, the Plaintiff seeks the registration of the transfer of ownership pursuant to the payment agreement as of November 20,
B. Based on the judgment, there was a provisional registration to preserve the claim for ownership transfer.
Therefore, it cannot be readily concluded that a security contract for a pecuniary obligation or a promise for payment in kind was made, and it is not presumed that there was any legal relationship with which a claim for the registration of ownership transfer exists (see, e.g., Supreme Court Decisions 79Da239, May 22, 1979; 63Da114, Apr. 18, 1963). As such, a person who seeks the principal registration based on a provisional registration bears the burden of proving the existence of grounds for registration.
The evidence Nos. 2-1, 2-2, 3-1, 2-2, and witness C's testimony.