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(영문) 제주지방법원 2018.07.09 2016가단60524
소유권이전등기
Text

1. The plaintiff's successor's claim is dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Basic facts

A. On March 4, 1976, the registration of preservation of ownership was completed on March 4, 1976 with respect to 1005 square meters of I forest land in Jeju-si (hereinafter “instant land”).

B. On September 3, 1998, J died on September 3, 1998, and the heir is Defendant C and his children, the wife, Defendant D, E, F, and G.

C. The plaintiff is the wife of J J J's South East-dong K. D.

Meanwhile, on November 15, 2017, Attorneys H was appointed as the administrator of the Defendants in the case of requesting the appointment of the absentee property administrator of Jeju District Court 2017 Madan10150 dated November 15, 2017.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 4 evidence, purport of the whole pleadings

2. Judgment on the primary argument of the Plaintiff’s succeeding intervenor

A. The Plaintiff asserted that he purchased the instant land orally from J around 1981, and transferred the right to claim for ownership transfer registration to the Plaintiff’s succeeding intervenor. As the heir of J is obligated to implement the procedure for ownership transfer registration to the Plaintiff’s succeeding intervenor with respect to the instant land.

B. Determination No. 3 and No. 5-1 and No. 2 are insufficient to recognize that the Plaintiff purchased the instant land from J, and there is no other evidence to acknowledge it. Even if the Plaintiff’s purchase is recognized, the Plaintiff’s right to claim ownership transfer registration due to the sale and purchase of real estate constitutes a seller’s duty to transfer the property right as the effect of the sale and purchase of real property, and the seller’s fiduciary relationship is based on the claim arising from the contractual obligation that arises when the seller bears the obligation to satisfy the requirements for establishment of a real right, and the transferee to whom the right to claim ownership transfer registration is transferred from the buyer does not consent to such transfer, the seller may not claim for the implementation of the procedure for ownership transfer registration due to the transfer of claim against the seller, and therefore, the right to claim ownership transfer registration due to the sale

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