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(영문) 전주지방법원 2020.11.11 2020나4846
소유권이전등기 비용 등
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

The Plaintiff, as a certified judicial scrivener on June 14, 2018, performed the duties of filing an application for the registration of transfer under the name of the Defendant on June 5, 2018 (the seller E, the buyer, the Defendant, and the transaction price of KRW 89 million) with respect to the purchase and sale of the Jin-gu Seoul Special Metropolitan City D (hereinafter “the instant real estate”) on June 14, 2018 (hereinafter “the instant real estate”). The Plaintiff incurred KRW 356,00,00,000, KRW 356,00,000, education tax, KRW 178,00,00,00, and KRW 13,00,00,000, and KRW 1222,667,67, and KRW 45,790, and KRW 400,500,000,000 among the parties to the said registration affairs, there is no dispute between the Plaintiff’s certified judicial scrivener and the parties.

The plaintiff asserts to the effect that the beneficiary of the registration as the owner in the registry of the real estate of this case is the defendant, and that the defendant would pay the registration cost to the plaintiff. Thus, the defendant is obligated to pay the registration cost in accordance with the above registration duty to the plaintiff with C.

However, under the circumstances where there is no evidence to prove that the contract was concluded between the plaintiff and the defendant with respect to the above registration affairs, it is difficult to view that the defendant is the beneficiary of the registration affairs that become the owner on the registry of the real estate in this case according to the above registration affairs, and it is difficult to view that the defendant is liable to pay the registration expenses to the plaintiff. There is no evidence to support the fact that the defendant told that

The Plaintiff may be deemed to have granted C the right of representation for the conclusion of delegation agreements with the Plaintiff regarding the above registration affairs, in light of the circumstances where the Defendant exercised property rights, such as setting up a collateral security on the instant real estate immediately after the Defendant was registered as the owner on the registry of the instant real estate in accordance with the above registration affairs.

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