Real Estate Ownership Purchase and Sale of Real Estate and Principle of Intention

In the sale of a specified real estate, the ownership shall be transferred to each owner at the time of the conclusion of the sale contract unless the parties reserve the transfer of ownership or there is no reason to immediately transfer it to each owner.

Article 176 of the Civil Act

Attorney Choi Young-hoon et al., Counsel for the defendant-appellant

Kim Jong-Jon et al.

Seoul District Court of the first instance, the Seoul High Court of the second instance, 54 civilian 499 delivered on April 13, 1955

The final appeal is dismissed.

Costs of appeal shall be borne by the plaintiff.

The grounds for appeal by the plaintiff are as follows: (a) the ownership of the house was transferred from the plaintiff to the defendant, etc. at the same time with the conclusion of the sale contract; (b) the plaintiff's declaration of intention to transfer the house to the defendant, etc. at the same time, and thus, (c) the plaintiff's right to demand the purchase and sale of the house was denied; and (d) the plaintiff's right to demand the purchase and sale of the house was not established at the same time as of the date of the conclusion of the sale contract and the conclusion of the sale contract to the defendant, and (e) the plaintiff's right to demand the purchase and sale of the house was not established at the same time as of the date of the conclusion of the contract and the conclusion of the sale contract to the plaintiff's non-performance of the sale and purchase agreement, and (e) the plaintiff's non-payment of the sale and purchase agreement to the non-payment of the sale and purchase agreement was clearly considered to have not been established at the same time as of June 18, 203.

In the sale and purchase contract for a specific real estate, the ownership is transferred to each owner at the same time as the purchase and sale contract is concluded unless there is any reason not to transfer the ownership to each owner immediately, or even if the parties agree to pay the purchase price and transfer registration procedure for the real estate in the future as well as to immediately transfer the ownership in the sale contract for the specific real estate, the ownership is transferred to each owner at the same time as the purchase and sale contract is concluded. In this case, the original judgment recognizes that the plaintiff entered into a contract for sale of the real estate in the civil order, which is a Class-I participant of the first instance court on May 18, 4283 by evidence of each time, and that the contract is valid after the date, and it cannot be acknowledged that the ownership of the real estate in this case has been reserved or failed to attach the terms and conditions of suspension to the parties. Therefore, the ownership of the real estate in this case cannot be transferred to the public order of each owner at the same time as the sale and purchase contract is without merit. Therefore, the plaintiff's dismissal of the claim is without merit.

Justices Kim Dong-dong (Presiding Justice) Acting Justice Kim Jae-ho on the present allocation of Kim Dong-dong (Presiding Justice)