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(영문) 서울중앙지방법원 2019.04.11 2018가단48381
소유권이전등기 청구의 소
Text

1. The defendant shall assist the plaintiff succeeding intervenor in Incheon District Court with respect to the real estate stated in the attached list.

Reasons

1. Indication of claim;

A. On November 7, 2013, the Plaintiff entered into a pre-sale agreement with the Defendant on the date of the completion of the pre-sale agreement with regard to real estate stated in the separate sheet and paid KRW 20 million as a pre-sale deposit. The Plaintiff completed provisional registration under the title of Article 115426 of the Incheon District Court’s Additional District Court’s registration and receipt on November 8, 2013.

At the time of the pre-sale agreement, “the pre-sale agreement shall be deemed to have been completed as a matter of course even if there is no declaration of intention to complete the sale upon the expiration of the pre-sale agreement,” and the Defendant is obligated to implement the principal registration procedure of transfer

B. On January 29, 2019, when the lawsuit in this case was pending, the Plaintiff’s succeeding intervenor received a donation of the right to claim ownership transfer registration based on the above provisional registration from the Plaintiff and completed the registration of ownership transfer based thereon. Therefore, the Defendant is obligated to implement the principal registration procedure of ownership transfer based on the above provisional registration to the Plaintiff’s succeeding intervenor.

2. Determination

A. Judgment by public notice as to the claims of the Plaintiff’s succeeding intervenor (Article 208(3)3 of the Civil Procedure Act)

B. The Plaintiff’s claim as the cause of the instant claim was transferred to the Intervenor succeeding to the Plaintiff. Therefore, the Plaintiff’s claim is without merit.

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