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(영문) 창원지방법원 2015.06.09 2014나12649
소유권이전등기
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) all entries in Gap evidence Nos. 13 and 15 (including the serial number) which are insufficient to recognize the plaintiff's assertion as evidence submitted in the trial; and (b) the defendant's supplementary claim in the trial is identical to the reasons for the judgment of the court of first instance, except for addition of the following judgments with regard to the conjunctive claim added in the trial, and thus, (c) it is acceptable in accordance with the main sentence of Article

2. Judgment on the conjunctive claim

A. The Plaintiff’s conjunctive assertion is the Plaintiff’s obligation to register the ownership of the Plaintiff’s purchased and sold land in accordance with the sales contract with the net F, and the Defendants, E, as well as E, have been aware of such fact and received shares of 207/551 of the instant land, including the Plaintiff’s purchased and sold land, from E, thereby actively participating in the act of breach of trust in E, and thus, is null and void as it constitutes an anti-social juristic act.

Therefore, the Plaintiff may seek implementation of each procedure for cancellation of ownership transfer registration, which was completed on September 13, 2012 by the Changwon District Court’s branch branch office, for the Defendants’ respective share of 207/51 of the instant land on behalf of E.

B. In a case where the owner of a certain real estate under the relevant law bears the obligation to transfer the ownership of the same real estate by selling it to a third party once it enters into a sale or other contract which causes the transfer of ownership, and as a result, performing that obligation double and further bears the obligation to transfer the ownership of the same real estate. However, in a case where the transfer of ownership is registered in breach of the first obligation to transfer the ownership to the third party and disposes of it, a contract, such as sale, etc. which causes the owner’s obligation to transfer the ownership of such second obligation

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