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(영문) 서울중앙지방법원 2017.11.09 2017가단5100560
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 28, 2009, the Defendant: (a) entered into a pre-sale agreement with the Done-si Dane-si 3652m2 (hereinafter “instant land”); (b) on the same day, the Defendant entered into a provisional registration on the right to claim ownership transfer (hereinafter “the instant provisional registration”) on the instant land with the Done-si Dane-si 3652m2 (hereinafter “Gune-si Do”); and (c) concluded the provisional registration on the same day.

B. On March 20, 2014, the Grade-I Foundation selected D as the designated party and filed a lawsuit against the Defendant seeking the implementation of the procedure for the registration of ownership transfer on the ground of the completion of the pre-sale agreement on August 28, 2010 based on the provisional registration of the instant case with respect to the instant land under this Court Order 2014Da48472. On October 5, 2015, the said court rendered a ruling of recommending reconciliation that “the Defendant shall implement the procedure for the registration of ownership transfer on the instant land to the Grade-I Foundation on the ground of the completion of the above sales contract based on the provisional registration of the instant case” (hereinafter referred to as “decision of recommending reconciliation of this case”). The said ruling was finalized as is October 23, 2015.

C. After that, on November 12, 2016, the Plaintiff sold the right to the provisional registration of this case to the Plaintiff in KRW 6.5 million, and on November 18, 2016, the Plaintiff completed the registration procedure for the transfer of the provisional registration of this case under the receipt of Gangnam District Court Branch Branch Branch Branch Branch Office of Chuncheon on the Plaintiff on November 18, 2016, and notified the Defendant of the sale on November 30, 2016.

[Reasons for Recognition] Facts without a partial dispute, each entry in Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination as to the cause of action

A. The purport of the Plaintiff’s assertion was that the Plaintiff purchased rights under the provisional registration of this case on the instant land from the Overseas Foundation on November 12, 2016, and the Defendant is obligated to implement the procedure for ownership transfer registration based on the provisional registration of this case on the ground that the instant land was purchased.

(b) the board;

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