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(영문) 전주지방법원 2015.06.23 2013가단2858
소유권이전등기
Text

1. The defendant limited liability company B is due to sale and purchase on January 11, 1990 with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On January 11, 1990, the Plaintiff and the Defendant Company concluded a contract with the Plaintiff to sell (sale) the instant real estate in the amount of KRW 39,450,000, which would be newly constructed by the Defendant Company (hereinafter “instant contract”).

B. As to the instant real estate, registration of ownership preservation was completed in the name of the Defendant Company on December 24, 2012, and on the same day, the provisional registration right holder became the Defendant’s council of occupants’ representatives on the same day, and the provisional registration of the right to claim transfer of ownership was completed on December 24, 2012 (hereinafter “provisional registration of this case”).

[Ground of recognition] Facts without dispute, Gap evidence 10-10, Gap evidence 2-4, the purport of whole pleadings

2. Determination

A. The facts that the Plaintiff and the Defendant Company entered into the instant sales contract with respect to claims against the Defendant Company are as seen earlier, and the Plaintiff paid all the purchase price of KRW 39.45 million under the said sales contract to the Defendant Company, as there is no dispute between the parties. Thus, the Defendant Company is liable to implement the registration procedure for transfer of ownership based on sale on January 11, 1990 with respect to the instant real estate.

(B) The defendant company recognized the plaintiff's claim against the defendant company on the last day for pleading.

(1) The main purport of the instant claim is to prohibit the act of establishing a mortgage, etc. on the relevant house without the consent of the prospective occupants. The provisional registration of this case is completed in violation of the aforementioned provisions of the Housing Act, and thus, is null and void.

In addition, the provisional registration of this case was completed by the defendant's council of occupants' representatives actively taking part in the defendant's act of breach of trust (the act of transferring real estate to the plaintiff which is liable to perform the procedure for ownership transfer registration) and is against social order under Article 103 of the Civil Act.

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