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(영문) 부산고등법원(창원) 2015.04.23 2014나1730
소유권이전등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows: ① part of the part of the "2. argument and judgment" among the judgment of the court of first instance (from 7th to 11th one) is changed as provided in paragraph (2) below; ② it is identical to the reasons for the judgment of the court of first instance except for the part of the defendant's assertion in the trial as to this case, which is additionally claimed in paragraph (3) above, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. The modified part;

A. 1) The Registration of Real Estate Act provides that registration shall be applied jointly by the person entitled to registration and the person liable for registration (Article 23(1)). However, “registration by judgment” (Article 23(4) provides that a person liable for registration, other than the person entitled to the registration who won the registration, may independently apply for registration. In ordinary cases of claims and obligations, where a creditor delays receipt, an obligor may escape from liability by deposit, etc., but this method may not be used in relation to claims and obligations. Thus, where a person liable for registration is likely to suffer disadvantages in social life or law due to the fact that registration which is known to him/her in his/her name is registered, the registration shall be taken over against the person liable for registration by the method of the lawsuit and compulsory realization of registration by obtaining the judgment (see Supreme Court Decision 2000Da60708, Feb. 9, 201). 201; the Defendant’s obligation to perform the sale contract of this case No. 251, Apr. 1, 2015>

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