beta
Text
1. The defendant is based on the sale on November 4, 2004 with respect to the real estate stated in the attached list to the plaintiff.
Reasons
1. Basic facts
A. On November 4, 2004, the Plaintiff entered into a sales contract with the Defendant and C to purchase real estate listed in the separate sheet (hereinafter “instant land”) in which the Defendant and C own 1/2 shares, respectively, KRW 33,00,000 (hereinafter “instant contract”), and paid the full purchase price to the Defendant and C.
B. The instant land was owned by the Defendant and C, respectively, at the time of the instant contract, 1/2 shares. However, on March 12, 2014, the Defendant purchased the C shares of the instant land from C, and currently owned by the Defendant solely.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. 1) The plaintiff's cause of claim is determined as to the plaintiff's ground of claim. Since the defendant independently owned the land of this case after entering into the contract of this case as a joint seller, the defendant asserts that he is obligated to perform the registration of ownership transfer concerning the land of this case. 2) The defendant is obligated to perform the registration procedure for ownership transfer on November 4, 2004 with respect to the real estate listed in the separate sheet, unless there are special circumstances to the plaintiff.
In this regard, the defendant asserts to the effect that since the defendant was not the owner of the 1/2 share of the land of this case at the time of entering into the contract of this case, the defendant's obligation to transfer ownership is recognized, even though it should be limited
Each co-owner may freely dispose of shares owned by him, so even in cases where all co-owners sell all shares owned by them to the same purchaser under a single sales contract in form, the obligation of ownership transfer and payment with respect to each share shall be indivisible by the declaration of intention of the parties.