(영문) 춘천지방법원원주지원 2017.10.31 2016가단4609

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(영문) 춘천지방법원원주지원 2017.10.31 2016가단4609

소유권이전등기절차이행 청구

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1. The Defendant’s KRW 12,50,000 and the Plaintiff’s annual rate of KRW 5% from May 11, 2006 to October 31, 2017, and the following.

Reasons

Basic Facts

A. On May 10, 2006, the Plaintiff and the Defendant drafted a sales contract with the content that the Plaintiff purchases 25,000 square meters from the Defendant for purchase of Crossing-gun C 2,490 square meters (hereinafter “instant real estate”) at KRW 25,00,000 for the purchase price.

(hereinafter “instant sales contract,” and the sales contract based thereon is called “instant sales contract.”

The registration of initial ownership was completed on August 1, 1964 in 1/2 shares of D and E in each of the instant real estates.

Of the instant real estate, the registration of ownership transfer was completed on February 21, 2003 with respect to the portion of 1/2 that became D in the future on the same day, and on June 21, 2006, the registration of ownership transfer was completed in the Plaintiff’s future on the ground of the instant sales contract.

Of the real estate in this case, the 1/2 shares in the future E are still registered as the owner of E.

[Ground of recognition] The plaintiff's assertion of Gap evidence Nos. 1-1-5-1-1, and the purport of the whole pleading was to pay 25,000,000 won to the defendant on the date of conclusion of the contract of this case.

At the time of the conclusion of the instant sales contract, the Defendant: (a) purchased 1/2 shares out of the instant real estate from E on October 23, 1997; (b) however, E died and the registration of ownership transfer was not completed; (c) thus, the Defendant agreed that the ownership transfer will be completed for the instant real estate E’s shares among the instant real estate.

Nevertheless, the defendant only transferred ownership to the plaintiff with respect to the defendant's 1/2 shares among the real estate in this case, and does not transfer ownership with respect to the defendant's 1/2 shares in the future E.

Therefore, the Plaintiff’s rescission of the instant sales contract with respect to 1/2 shares out of the instant real estate due to the Defendant’s impossibility of performing the obligation to transfer 1/2 shares among the instant real estate.

Therefore, the defendant shall reinstate the plaintiff to the original state of 1/2 of the real estate in this case.

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