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(영문) 수원지방법원 2016.06.21 2015가단32291
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 14, 2015, the Defendant filed a lawsuit against the Plaintiff seeking confirmation of the absence of the obligation to transfer ownership registration under the instant sales contract against the Plaintiff on the ground that: (a) the Plaintiff intended to enter into the sales contract with the purchase price of KRW 300 million as to the real estate listed in the separate sheet (hereinafter “instant real estate”); (b) on the ground that there was a dispute as to the terms and conditions of the said sales contract regarding “the Plaintiff’s obligation to transfer ownership registration under the instant sales contract against the Plaintiff on June 30, 2015,” which stated in the special terms and conditions of the said sales contract, “the Plaintiff’s obligation to transfer ownership registration under the instant sales contract against the Plaintiff was nonexistent” (hereinafter “the previous judgment”).

B. The Plaintiff appealed to the previous judgment of this case as Seoul High Court No. 2015Na203894, but was final and conclusive on April 5, 2016 as the withdrawal of appeal. Ultimately, the previous judgment of this case became final and conclusive on July 23, 2015.

Grounds for recognition: Gap 1, Eul 1, 4, and the whole purport of pleadings.

2. Determination

A. Since the Plaintiff’s assertion entered into the instant sales contract with the Defendant, the Defendant is obligated to implement the registration procedure for ownership transfer based on the instant sales contract with respect to the instant real estate.

B. As seen earlier, the previous judgment of this case became final and conclusive to confirm that the Defendant did not have the Defendant’s obligation to transfer ownership to the Plaintiff based on the instant sales contract. Accordingly, the Plaintiff’s claim has the Defendant’s obligation to transfer ownership to the Plaintiff based on the instant sales contract.

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