logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2016.05.11 2015나54424
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's conjunctive claim added at the trial, the defendant.

Reasons

1. The reason why this court is used for this part of the basic facts is that "(c) 101, 102, and 103 of the judgment of the court of first instance" is the same as the corresponding part of the judgment of the court of first instance, except for adding "(c) 101, 102, and 103 of the judgment of the court of first instance" to "(101, 102, and 201 at the upper end," and as such, it is identical to the corresponding part of the judgment of the court of first instance in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Parts] “E. The Plaintiff filed a lawsuit against Dogdogian with Busan District Court 2015Kadan20908, which sought the implementation of the procedure for the registration of transfer of ownership on the ground of the transfer of sale in lots on February 14, 2013, and received a favorable judgment from the above court on June 2, 2015, and the said judgment became final and conclusive around that time.”

2. The parties' assertion

A. Plaintiff 1) The premise fact-finding C&C concluded the instant sales contract between B&C and B/C as a substitute for payment of a part of the construction price of the instant commercial buildings in lieu of payment of a part of the construction price. Since the sale price was fully appropriated as part of the construction price and the sale price was fully paid, the Defendant is obligated to implement the registration procedure for transfer of ownership in accordance with Article 27(2) of the sales management trust agreement and Article 3(3) of the Special Agreement. (2) At the time of the resale of the ownership of the instant commercial buildings, E&C or the Defendant consented or consented thereto at the time of resale of the ownership of the instant commercial buildings by the Plaintiff, the Defendant is obligated to implement the registration procedure for transfer of ownership directly to the Plaintiff.

3 Even if it is not a preliminary claim, the Plaintiff sought the implementation of the procedure for the registration of ownership transfer based on the sale contract on December 24, 2012, in lieu of the Defendant’s subrogation for the preservation of the right to claim the registration of ownership transfer of the instant commercial buildings in relation to Dodomination, which he had against Domination.

arrow