The legal nature of the right to claim ownership transfer registration

A claim for transfer registration of ownership can not be asserted directly against a third party as a claim for ownership transfer.

2015da36481 Registration, etc. of transfer of ownership

NewA

Republic of Korea and 3

February 16, 2015

March 10, 2015

1. Defendant ChoB shall implement the registration procedure for ownership transfer on October 13, 1992 with respect to shares of 1/2 of the real estate listed in the separate sheet to the Plaintiff.

2. The plaintiff's claims against the defendant ChoCC, ED, and Korea are all dismissed.

3. Of the costs of lawsuit, the part arising between the Plaintiff and Defendant ChoB shall be borne by Defendant ChoB, and the part arising between the Plaintiff and the remaining Defendants shall be borne by the Plaintiff.

Cheong-gu Office

Defendant AB and CCC shall implement the procedure for the registration of ownership transfer on October 13, 1992 with respect to shares of 1/2 of the real estate listed in the separate sheet to each Plaintiff on October 13, 1992. Defendant DD shall implement the procedure for the registration of cancellation of the provisional registration of the right to claim ownership transfer, which was completed on November 15, 1993 by the receipt No. 53506, with respect to the real estate listed in the separate sheet, to the Plaintiff, the Seoul Western District Court shall implement the procedure for the registration of cancellation of the provisional registration of the right to claim ownership

1. Summary of the plaintiff's assertion

On October 13, 1992, the Plaintiff entered into a sales contract with Defendant ChoB and ChoCC to purchase the instant real estate from the said Defendants, and paid the down payment of KRW 50,000,000 as of the date of the contract, and the intermediate payment of KRW 31,50,000,000,000,000 in lieu of the deposit for lease, and paid on October 14, 1992, in lieu of the payment of the deposit, the remainder of KRW 50,000,000,000,000 in lieu of the deposit. Therefore, the said Defendants are liable to implement the registration procedure for transfer of ownership due to sale as to

On the other hand, the Seoul Western District Court, on the ground of the pre-sale agreement on November 11, 1993, completed the provisional registration of the right to claim transfer of ownership in the name of Defendant DaD under the receipt No. 53506 of November 15, 1993 on the ground of the pre-sale agreement. The right to complete the pre-sale agreement has expired at the expiration of the exclusion period of not less than 23 years after the date of the establishment of the pre-sale agreement. As such, the above provisional registration should be cancelled. Furthermore, the Defendant Republic of Korea is a third party who has a interest in the provisional attachment registration with respect to the above right to claim transfer of ownership, and is obligated to express his/her intention to

2. Determination as to the claim against Defendant ChoB

Judgment by deemed confession (Article 208 (3) 2 and Article 150 (1) and (3) of the Civil Procedure Act)

3. Determination as to the claim against Defendant Mediation, ED, and Korea

A. First, as to the claim against Defendant ChoCC, this part of the claim is premised on the premise that the Plaintiff purchased the shares owned by Defendant ChoCC. However, in full view of the purport of the entire pleadings in the statement as to No. 1, the Seoul Western District Court, as to the real estate of this case, may recognize the fact that the registration of preservation of ownership of each of the 1/2 shares was completed in the name of Defendant ChoB and ChoCC as the receipt No. 53505 on Nov. 15, 1993. However, it is insufficient to recognize that the Plaintiff purchased the shares owned by the above Defendant among the real estate of this case from Defendant ChoCC by only the descriptions as set forth in No. 2, No. 3-1, and No. 3, and there is no other evidence to acknowledge this otherwise. Therefore, this part of the claim is without merit without further need to be examined.

B. Next, comprehensively taking account of the overall purport of the arguments as to Defendant DD and claims against the Republic of Korea, the Seoul Western District Court's decision as to the whole co-ownership of Defendant ChoB and ChoCC among the real estate in this case is merely a mere fact that the provisional registration of the right to claim ownership transfer has been completed as of November 15, 1993, and that the provisional registration of the right to claim ownership transfer was completed as of December 16, 2005 with the same registry office No. 77842 regarding the above right to claim ownership transfer registration of the Republic of Korea. However, even if the Plaintiff purchased all co-ownership shares of the real estate in this case from Defendant ChoB and ChoCC, as alleged by the Plaintiff, the Plaintiff cannot be viewed as having continuously asserted that the above right to claim ownership transfer registration of this case against the above seller was extinguished as of the ground for such right to claim ownership transfer registration of this case, and thus, the Plaintiff's assertion that the above right to claim ownership transfer registration of this case had been extinguished as of December 1, 2001.

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4. Conclusion

The plaintiff's claim against the defendant ChoB shall be accepted on the ground of the reasons, and the remaining defendants' claim against the other defendants

The dismissal is without merit.