logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.01.30 2016가단35262
소유권이전등기
Text

1. The defendant is limited to C on March 31, 1998 as to the buildings listed in the annexed list.

Reasons

1. The parties' assertion

A. On March 31, 1998, C concluded a sales contract with the Defendant on the attached list (hereinafter “the instant building”) and “D. 155.4 square meters in the Jeonju-si, Jeonju-si and cement brick bricks, cement bricks, cement mortars, and 51.9 square meters in the ground,” and completed the registration of ownership transfer on the relevant real estate. As to the instant building, C did not complete the registration of ownership transfer because it was erroneous that it was an unregistered building.

On July 2, 2016, the Plaintiff concluded a sales contract with C on the instant building and related real estate and exercised the right to claim the transfer of ownership, etc. on the instant building owned by C on behalf of the Defendant to preserve the right to claim the transfer of ownership, etc. on the instant building.

Therefore, the defendant is obligated to implement C with respect to the building of this case on March 31, 1998.

B. The sales contract between the defendant C and the defendant on March 31, 1998 is merely related to the relevant real estate, and the building of this case is not subject to it, and the defendant is not obligated to implement the procedure for the registration of ownership transfer with respect to the building of this case.

2. In full view of each of the statements in Gap evidence No. 5 and evidence No. 7, the plaintiff entered into a sales contract with C on July 2, 2016 and real estate related to the building of this case. Thus, the plaintiff has a preserved right to exercise the creditor's subrogation right of this case.

3. We examine whether the instant building is included in the sales contract of March 31, 1998 between C and the Defendant and whether the instant building is included in the sales contract of March 31, 1998.

Gap evidence 1, Gap evidence 3, Gap evidence 4, and Gap evidence 7, and the purport of Gap evidence 6 as a whole.

arrow