logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2019.11.21 2019가단30552
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On July 14, 2018, the Plaintiff asserted that the Plaintiff entered into a sales contract with the Defendant, setting the sales price of KRW 100,000 for shares in the instant land owned by the Defendant as KRW 1/2, and the Defendant agreed to grant the Plaintiff the consent to the use of the instant land. As such, the Defendant is obligated to take procedures for the registration of ownership transfer for shares in the instant land owned by 1/2 and to express his/her consent to the use of the instant land.

2. Determination

A. 1) In order to establish a contract, the agreement between the parties on the claim for registration of transfer of ownership is required. The agreement on the essential or important matters of the contract is required not to be made with respect to all matters constituting the content of the contract in question, but there is an agreement on the standards, methods, etc. that can be specified in detail or at least in the future. On the other hand, the sales contract is established by an agreement between the parties on the transfer of the property right by the parties to the agreement on the transfer of the property right by the other party to the agreement on the payment of the price to the other party and the payment of the price to the other party in consideration (see Supreme Court Decision 2005Da39594, Nov. 24, 2006).

As to a contract of sale and purchase of land, the location and area of the subject matter constitutes an important matter and thus, it can be deemed that the contract of sale and purchase is established only when there exists an agreement between the parties to the sale and purchase on the criteria, method, etc. that can be specified in detail in the future. However, the Plaintiff and the Defendant set 1/2 of the instant land as the object of sale and purchase.

arrow