(영문) 서울동부지방법원 2018.04.25 2017가단3964

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(영문) 서울동부지방법원 2018.04.25 2017가단3964

대지지분권 이전등기

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant delegated the authority to conclude a sales contract for the extension of the part of the building on the ground of the Gangdong-gu Seoul Metropolitan Government (hereinafter “D”) to D (hereinafter “D”).

D On January 23, 1990, between E and E, concluded a sales contract with respect to the above market building F (hereinafter “instant real estate”).

B. On April 10, 2010, the Plaintiff acquired the status of the buyer under the sales contract for the instant real estate from E.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The Plaintiff asserted the cause of the claim succeeded to the status of the buyer E.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on January 23, 1990 with respect to shares in the land (22.42/337) among the real estate in this case to the plaintiff.

3. The right to claim for the transfer registration of ownership due to the sale of real estate on the market is an effect of sale aimed at the transfer of a real right, and the seller bears the duty to transfer the property right that the seller bears. Since the fiduciary relationship is followed with the claims arising from the event that the seller bears the obligation to satisfy the requirements for the establishment of a real right, the transferee who takes over the right to claim the transfer registration from the buyer cannot claim against the seller for the performance of the transfer registration procedure on the ground of the transfer of ownership if the seller does not consent to the transfer. Therefore, unless there are special circumstances, the right to claim for the transfer registration of ownership due to the sale is restricted by the nature of such right and the consent or consent of the debtor is required. Therefore, unlike the transfer of a common right, the notification to the debtor does not bring an opposing power against

In addition, the buyer's status in the sales contract for multi-household buildings is not taken over.

유사 판례

-광주지방법원 2015.12.11 2015나51292

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-수원지방법원여주지원 2019.01.16 2018가단1584

-대법원 2001. 10. 9. 선고 2000다51216 판결

-서울동부지방법원 2016.04.27 2014가합9166