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(영문) 대구지방법원 2018.02.07 2017나310669
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. As to the instant land, the Network D completed the registration of transfer of ownership due to inheritance by consultation and division on August 12, 2003 with the Daegu District Court Cheongdo Office of Cheongdo Office of Do, which was received on August 3, 1995, No. 23264, Jul. 31, 1995; and the Defendant, who is the deceased of the network D, completed the registration of transfer of ownership due to inheritance by consultation and division as of June 5, 2015.

B. On June 12, 200, Cheongdo District Court, Cheongdo Office, and Cheongdo Office, which received on June 12, 2000, as to the instant land, the registration of the provisional registration of the right to claim transfer of ownership based on the reservation on May 10, 200, and the Plaintiff and F, as to each of the instant land, the Plaintiff and/or 1/2 shares of each of the instant land at issue, as the receipt of No. 1930 on February 5, 2013, and the provisional registration transfer due to transfer on December 28, 2012, the Plaintiff completed the additional registration before the provisional registration based on the transfer on October 12, 2016, as the receipt of No. 19835, Oct. 12, 2016, and as the transfer on October 10, 2016.

(2) The Plaintiff’s provisional registration in the name of the Plaintiff on the instant land is “the provisional registration of this case” (which is the ground for recognition).

2. Judgment as to the main claim

A. The plaintiff's assertion was delegated by the network E, and around September 2009, the sales contract on the land of this case was established between the deceased E and the defendant by declaring the intention of the resolution to complete the purchase and sale. Since the plaintiff acquired the right to claim the registration of ownership transfer from the network E, the defendant is obligated to complete the registration of ownership transfer on the land of this case, or the plaintiff, who was transferred the right to complete the purchase and sale and provisional registration from network E, expresses his intention to complete the sale by delivery of the copy of the complaint of this case. The defendant is obligated to perform the principal registration procedure on the land of this case.

As to this, the defendant will act on behalf of the plaintiff in September 2009 of the net E's declaration of intention to complete the purchase and sale.

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