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(영문) 수원지방법원성남지원 2019.02.12 2017가단219927
소유권이전등기
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 4, 7, and Eul evidence Nos. 3 and 4:

On December 19, 2014, the Defendant purchased the instant apartment, and entered into an apartment supply contract (hereinafter “instant supply contract”) with the Gyeonggi-do Construction Corporation (hereinafter “instant apartment purchase contract”), and entered into the apartment sale right under the said contract (hereinafter “instant apartment sale right”).

B. After completion of the instant apartment, the registration of ownership preservation was completed in the future of the Gyeonggi-do Urban Corporation on July 13, 2017, and on August 4, 2017, the registration of ownership transfer was completed on the ground of the instant supply contract in the future of the Defendant.

C. On September 7, 2017, the Plaintiff filed an application against the Defendant for provisional disposition of prohibition of disposal under the court’s 2017Kadan61772 with regard to “the right to claim for registration of transfer of ownership caused by sale” as the preserved right. The court accepted the said application on September 7, 2017 and rendered a provisional disposition of prohibition of disposal prohibiting “sale, gift, creation of a right to lease on a deposit basis, or any other disposal act” of the apartment of this case (hereinafter “instant provisional disposition”).

On the other hand, the Plaintiff, along with the document file in the name of document that is the document for securing the right to the apartment of this case, keeps the sales contract signed and sealed by the Defendant in the seller column including the supply contract of this case, and the performance note, the transfer note, the certificate of waiver of right to the apartment of this case, and the certificate of fact of transaction.

2. Determination on the main claim

A. The plaintiff's assertion 1) The defendant sold C's right to sell this case to C through C, and D sold this case to E again. The defendant is obligated to implement the procedure for transfer of ownership to the plaintiff who finally purchased the right to sell this case from E. Nevertheless, the defendant is not obligated to transfer ownership to the plaintiff.

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