(영문) 서울남부지방법원 2017.03.31 2016가단23049

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2017.03.31 2016가단23049

가등기에 기한 본등기 청구

Text

1. The defendant is the Chuncheon District Court with respect to the plaintiff's share of 826/159273 square meters out of 159273 square meters in Pyeongtaek-gun B farm site in Gangwon-do.

Reasons

1. Determination on the cause of the claim

A. On August 20, 2007, Nonparty C entered into a pre-sale agreement with the Defendant to purchase KRW 2,000,000,000, out of KRW 826/159273 (hereinafter “instant real estate share”). At the time of the pre-sale agreement, Nonparty C paid all the purchase price of KRW 2,00,000 to the Defendant as of August 19, 2010, and entered into a pre-sale agreement with the Defendant to view that the pre-sale agreement is completed even after the lapse of the said period as of August 19, 2010, and completed the pre-sale agreement with the Defendant as to the share of the instant real estate at issue as of August 23, 2007, the registration of ownership transfer claim is completed as of receipt of No. 26302 of August 23, 2007.

3) On April 20, 2016, the Plaintiff acquired a right based on the registration of the provisional right to claim the transfer of ownership from C, and on May 4, 2016, the Plaintiff completed the registration of the transfer of ownership as to the right to claim the transfer of ownership in the future.

B. According to the above facts of recognition, the Defendant is obligated to implement the registration procedure for transfer of ownership on August 19, 2010 on the basis of provisional registration completed on August 23, 2007 by receipt No. 26302 with respect to the portion of the instant real estate in question to the Plaintiff on August 19, 2010.

2. The Defendant asserts to the effect that, on November 27, 2012, the Defendant acquired the ownership of real estate by acquiring a business right to the entire business area including the instant real estate shares from the Defendant, and thus, the instant obligation to transfer ownership was impossible.

However, even if the ownership transfer registration has been completed for shares of the instant real estate as alleged by the Defendant, if the ownership transfer registration has been completed for the shares of the instant real estate to a third party after the provisional registration for the ownership transfer right was completed, the principal registration is filed.

유사 판례

-서울남부지방법원 2016.11.10 2015가단61860

-서울중앙지방법원 2019.06.26 2019가단8427

-춘천지방법원영월지원 2016.11.23 2015가단11583

-서울중앙지방법원 2016.11.04 2016가합4841

-수원지방법원 2015.06.12 2014가단51998