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(영문) 창원지방법원마산지원 2017.10.19 2017가단100478
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On May 10, 2015, the Plaintiff, as the cause of the Plaintiff’s claim, sold each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant for KRW 650 million (hereinafter “instant sales contract”), and completed the registration of transfer of ownership as stated in the purport of the claim on June 11, 2015, before receiving the payment of the purchase price.

However, the Defendant did not pay the remainder 315,339,536 won under the instant sales contract to the Plaintiff. Thus, the Defendant cancelled the said sales contract by serving a duplicate of the complaint of this case, and sought cancellation of the registration of transfer of ownership on each of the instant real estate.

(1) The Plaintiff asserted as above in the petition and the application form for modification of the purport of the claim and the cause of the claim on March 2, 2017, and concluded the instant contract with the Defendant on August 3, 2017 upon the request of the title truster, who is the title trustee with respect to each of the instant real estate, and the Defendant, who is the purchaser, is the title trustee, and thus, the registration of the cause should be invalidated. However, this is not only identical to the Plaintiff’s initial claim and the basis of the claim that is entirely different from facts, but also is likely to significantly delay the litigation procedures. Thus, the Plaintiff’s application for modification of the cause of the claim based on the purport of the claim and the written application for modification of the cause of the claim on August 3, 2017 did not permit it pursuant to Articles 263 and 262 of the Civil Procedure Act, and the Plaintiff’s claim for modification of the purport of the claim and the cause of the claim on March 2, 2017 should be deemed to have concluded each of the Plaintiff’s each of the instant real estate.

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