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(영문) 부산지방법원 2019.11.28 2019가단1318
소유권이전등기등
Text

1. The part concerning the claim for cancellation of the registration of trust among the lawsuits in this case is dismissed.

2. The defendant shall enter the attached list in the plaintiff.

Reasons

1. Basic facts

A. On November 24, 2016, the Plaintiff concluded a sales contract with the Defendant to sell the real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 177,00,000 (hereinafter “instant sales contract”), and paid the Defendant the down payment of KRW 17,70,000 on the same day, and the remainder of KRW 159,30,000 on December 27, 2016, respectively.

B. On March 27, 2017, the Defendant: (a) prepared and issued a written confirmation to the Plaintiff to the effect that “the Plaintiff is a residential key for moving into the instant real estate (on April 2, 2017) and the certificate of registration is to be issued not later than May 30, 2017.” (b) written compensation for KRW 10,000,000 as consolation money at the time of entering into the said promise; and (c) written and issued a written confirmation to the effect that “The document is entirely related to trust and finance.”

C. The Defendant completed the registration of ownership preservation on June 13, 2017 with respect to the instant real estate, and completed the registration of ownership transfer on June 13, 2017 to C Co., Ltd., as of June 13, 2017, which was based on the trust of June 13, 2017 (hereinafter “instant trust registration”).

2. We examine ex officio the determination as to the legitimacy of the litigation regarding the part concerning the claim for cancellation of the trust registration of this case, and examine the part concerning the claim for cancellation of the trust registration of this case.

In other words, a lawsuit claiming for the cancellation of a registration against a person who is not a person liable for registration, whose right is lost or who is not a person who is not a person (registration titleholder or his general successor) due to the registration, is illegal against a person who is not a party.

(See Supreme Court Decision 93Da39225 delivered on February 25, 1994). The claim for cancellation of the trust registration of this case among the lawsuit of this case should be filed against C Co., Ltd. which is the person liable for registration. However, the plaintiff is seeking cancellation against the defendant. Thus, the above part is unlawful since it is against a person who is not qualified for the defendant.

3. The part concerning the request for the execution of the procedure for ownership transfer registration;

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