(영문) 수원지방법원 2016.09.29 2015가단143405

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(영문) 수원지방법원 2016.09.29 2015가단143405

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1. The defendant sold 1/30 shares among the real estate listed in the attached list to the plaintiff as of February 25, 2009.

Reasons

1. The judgment of the Defendant and C on the cause of the claim that completed the registration of ownership transfer with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) on May 31, 2007. The Plaintiff entered into a contract to purchase 1/30 shares out of the Defendant’s share on February 25, 2009 as part of the Defendant’s share on the instant real estate (hereinafter “instant sales contract”). The Plaintiff paid the full purchase price to D who represented the Defendant by March 2, 2009, either there is no dispute between the parties, or it can be acknowledged by comprehensively taking into account the overall purport of pleadings as to each of the entries in the evidence No. 1 through 3 (including a number).

According to the above facts, the defendant is obligated to implement the registration procedure for transfer of ownership on February 25, 2009 with respect to 1/30 shares of each of the real estate in this case to the plaintiff.

2. Judgment on the defendant's assertion

A. After purchasing the instant real estate from joint investment by Defendant, C, and D, the Plaintiff registered the instant real estate as joint ownership with Defendant and C. Since the Plaintiff stipulated a special agreement to purchase a part of the shares of D and not claim the registration of ownership transfer, the Plaintiff cannot respond to the Plaintiff’s claim.

B. According to the statement in Gap evidence No. 2, it is recognized that "this case's sales contract is part of the defendant's shares, and it is formed in the presence of D as joint and several sureties," and "the joint and several sureties's ownership registration is not permissible to be notarized and kept by both parties."

According to the above facts, it appears that there was an agreement between the plaintiff and the defendant to sell part of the shares of the defendant, and that it is contrary to the nature of the real estate sales contract to determine that the registration of ownership transfer, which is an essential element of the transfer of ownership, is not made when concluding a contract for the purpose of

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