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(영문) 서울중앙지방법원 2020.06.22 2019가단5119384
소유권이전등기절차이행청구 등
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. On September 27, 2018, the Plaintiff and the designated parties purchased each of the instant real estate from the Defendant through a public auction procedure on September 27, 2018 (the Plaintiff: the first real estate of this case; the Appointor C: the third real estate of this case; the Appointed E: the third real estate of this case; the Appoint 4 real estate of this case); and the part at issue in this case among the content of the sales contract (hereinafter “Dispute Clause”) are as follows.

Article 8 (Special Agreement on Management Expenses) (1) All expenses incurred in the preservation, use, profit-making, and management of any purchased and sold real estate (hereinafter referred to as "management expenses") shall be borne by the buyer regardless of the date on which the expenses occur, and in cases where any damage has been incurred to the seller due to non-performance

(2) The buyer shall collect from the managing body of the sale and purchase real estate and submit to the seller a letter of promise of the purport that he/she is not liable for any liability against the seller in relation to the management expenses.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. Although the Plaintiff’s summary of the Plaintiff’s assertion and the designated parties purchased each of the instant real estate from the Defendant and demanded the Defendant to register the ownership transfer, the Defendant rejected the registration of ownership transfer on the ground that the Defendant did not submit a letter of undertaking issued by the managing body of each of the instant real estate

However, a dispute clause that the defendant would pay management expenses for each real estate of this case to the plaintiff and the designated parties, or that demands a letter of commitment related thereto is a juristic act contrary to good morals and other social order under Article 103 of the Civil Act, or is null and void as an unfair juristic act under Article 104 of the Civil Act

Therefore, the defendant shall, at the same time, receive the balance from the plaintiff and the designated parties, and at the same time, take procedures for the registration of ownership transfer of each of the real estate in this case.

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