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The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. On May 23, 2014, the Plaintiff: (a) purchased from the B Apartment Management Association with respect to manufacture marks D, E, F, G, H, I, J, F, G, H, H, I, J, K, K, L, M, N,O, and removed P (hereinafter “instant buildings”) on May 23, 2014, and completed the registration on the transfer of ownership on June 24, 2014.
B. However, on June 30, 2014, the apartment management association agreed to the Plaintiff on June 30, 2014, “after the next implementation of the registration procedure for the transfer of ownership of the land ownership of the instant building” due to the lack of the indication of the right to site on the instant building.
(c)
On February 14, 2020, the Plaintiff requested the Defendant to prepare a new purchase and sale contract necessary for the registration procedure to implement the registration procedure for the transfer of ownership of the ownership of the ownership of the instant building’s share in the site. However, on July 28, 2020, the Defendant decided not to cooperate with the preparation of a new purchase and sale contract, since the purchase and sale of the land’s share in the regular meeting of the 56th occupants’ representatives was not resumed.
[Grounds for recognition] Evidence Nos. 1 and 2, Evidence Nos. 3-1 through 13, Evidence Nos. 4, 5, and 9, and the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion is as follows: (a) according to the registry on the land of Seo-gu, Busan, Seo-gu, Busan, which is the site of the instant building; (b) the share of the land in the name of the B apartment management association on the instant building is specified; and (c) the B apartment management association is a registered name with the Defendant’s previous name, and thus, (d) the Defendant is obliged to implement the registration procedure
3. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant claim.
In principle, an application for registration of transfer of ownership shall be filed jointly by a person holding a registered right and a person holding a registration: Provided, That a person holding a registered right or a person holding a registration winning a judgment may independently apply for registration (Article 23(1) and (4) of the Registration of Real Estate Act), but even in this case, the judgment shall be free from registration.