Even if a land before replotting was sold and provided to the documents required for ownership transfer registration, if a replotting disposition becomes final and conclusive prior to the completion of the registration, the seller's obligation for ownership transfer registration is transferred to the finalized land ( even if there is liquidation relationship more than the previous land).

Even if the land before replotting was sold and the land required for ownership transfer registration was provided, if the replotting disposition becomes final and conclusive before the completion of the registration, even if there is any liquidation relationship more than the previous land, the seller's obligation to transfer ownership registration is transferred to the finalized land.

Article 62 of the Land Readjustment Projects Act

Plaintiff

Korea

Seoul High Court Decision 71Na351 decided June 4, 1971

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal by the defendant shall be examined.

Even if the Defendant sold the land of this case to the Plaintiff and provided the documents required for the registration of transfer of ownership, so long as the above documents became final and conclusive prior to the completion of the registration of transfer of ownership of the said land, so long as it is impossible to complete the registration of transfer of ownership of the said land, the Defendant’s obligation to register the said land is still maintained. Since the land before the Plaintiff purchased from the Defendant was confirmed as the land in this case’s dispute over the land of this case, the land substituted shall be deemed as the land in question, regardless of the excess or excess of the land size, and even if the liquidation payment remains due to the excessive land substitution, the Defendant, who is liable for the performance of the registration of transfer of ownership of the land prior to the land substitution, has the obligation to perform

Therefore, in the same purport, the court below did not consider the fact that the defendant delivered the documents required for the transfer registration of ownership to the plaintiff and that the plaintiff did not pay the liquidation money for the excessive substitute area, but did not err in the judgment that the defendant is obligated to perform the transfer registration of ownership to the whole land of 100 square meters and Hobbe, including 52 square meters and Hobbebbe in excess of the above substitute land in this case, and therefore there is no error of law in the judgment that the defendant is obligated to

Therefore, the appeal is dismissed by the assent of all participating judges, and the costs of appeal are assessed against the losing party and it is so decided as per Disposition.

Judge Han-dong (Presiding Judge) of the Supreme Court