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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 11, 2007, C entered into a pre-sale agreement with the Defendant on the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”). On July 12, 2007, Busan District Court completed the provisional registration of the right to claim ownership transfer registration as “C” by receipt of No. 17739 on July 12, 2007.
(hereinafter “Provisional Registration of this case”). (b)
On April 25, 2008, the Plaintiff entered into a contract with the Defendant to purchase the instant real estate with 8.3 million won through her husband D, and on the same day, completed the registration of transfer of ownership with the Busan District Court No. 9407.
C. The defendant will cancel the provisional registration of this case by the end of July 2008 on April 25, 2008.
d. On May 13, 2015, the Plaintiff was verified to the effect that “the provisional registration of this case is cancelled after receiving KRW 3 million from C.”
E. The Defendant filed a lawsuit against C on the claim for cancellation of the provisional registration of this case as Busan District Court 2015Kadan35825, but lost.
The defendant appealed in Busan District Court No. 2016Na42425 and is in progress at the appellate court as of the closing date of the argument of this case.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 6, 7 evidence, Eul evidence 2 (including branch numbers, hereinafter the same), the purport of the whole pleadings
2. Determination
A. Although the Plaintiff, a seller, transferred the ownership of the real estate that was not established by the limited real right, etc. to the Plaintiff, the Defendant asserts that the Plaintiff is obligated to pay KRW 3 million to the Plaintiff according to Article 576(2) of the Civil Act, since the Plaintiff agreed to transfer the real estate of this case to the Plaintiff without establishing the provisional registration of this case, and the Plaintiff would transfer the said provisional registration to C to cancel the said provisional registration.
In this regard, the provisions of Article 576 of the Civil Act shall apply to real estate which is the object of provisional registration.