When one of the co-owners sells and delivers the divided public land to another co-owner, whether the payment for land sale and the offer of documents required for the registration of transfer of land ownership is in the simultaneous implementation relationship.

In cases where one of the co-owners sells and delivers part of the land agreed upon and divided to another co-owner, it shall not be deemed that the simultaneous implementation relationship exists between the payment of the purchase price and the obligation to implement the procedure for registration of transfer of ownership, unless there are any special agreements or circumstances.

Articles 568(2) and 536 of the Civil Act

Stick boat:

Magnam Food

Busan District Court Decision 63Na374 delivered on July 22, 1964

The original judgment is reversed, and the case is remanded to Busan District Court Panel Division.

The grounds of appeal by the Plaintiff’s attorney are examined.

Since the part of the land owned by the co-owners registered as co-owners in the building registry is determined to be divided into the land, and the registration of transfer to the other co-owners is not possible unless the co-owners cooperate and the above registration of transfer is made, it is consistent with the intention of the parties to pay the above land price without waiting for the registration of transfer. Thus, the original judgment does not contain any special agreement between the plaintiff and the non-party 3 under the name of the original co-owners and the non-party 1, and it is not consistent with the agreement that the plaintiff should pay the remaining land to the defendant for the same reasons as the above 33,200 square meters of the original land and the non-party 3's transfer registration for the non-party 1, the plaintiff's sale and purchase contract for the non-party 2,8,300 square meters of the remaining part of the original judgment for the non-party 1, the plaintiff's sale and purchase contract for the non-party 2, the non-party 300 square meters of the above land.

Justices of the Supreme Court (Presiding Judge) Mag-kim Kim-bun and Magman