(영문) 광주고등법원 2016.11.23 2015나372 | 리걸엔진

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(영문) 광주고등법원 2016.11.23 2015나372

소유권이전등기인수청구의 소 등

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 28, 2006, the instant land and buildings were sold to the Plaintiff at the auction procedure (Seoul District Court C). On September 28, 2006, the registration of transfer of ownership in the Plaintiff’s name (No. 197328) with respect to the instant land and buildings, the registration of establishment of chonsegwon with the deposit money in the name of the Defendant (No. 197355), the registration of establishment of chonsegwon with the deposit money in the name of the Defendant (No. 19735555) and the provisional registration of the right to claim transfer of ownership based on the reservation in the name of the Defendant (No.

B. On March 26, 2009, on the registration of the establishment of the right to lease on a deposit basis under the name of the Defendant (No. 54910), the registration of the transfer of the name in the name of E (No. 7534) (No. 77534) was completed on April 23, 2013 regarding the registration of the right to claim the transfer of ownership under the name of the Defendant (A. son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

(No. 39072) of the receipt of the same registry office [based on recognition] / [No. 39072] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The plaintiff's assertion 1) around August 2006, the defendant extended the plaintiff's name to the plaintiff and agreed to sell the land and buildings of this case to a third party within three months from the successful bid at the auction procedure, and the defendant is obligated to accept the registration procedure for transfer of ownership to the land of this case from the plaintiff pursuant to the above agreement. 2) The defendant violated the agreement entered into with the plaintiff and thereby did not acquire ownership to the land of this case, thereby causing damage to the plaintiff to pay the acquisition tax, registration tax, and property tax of 20,480,670 won. Thus, the defendant is obligated to compensate the plaintiff for the above amount.

B. Therefore, determination.

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