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(영문) 서울동부지방법원 2018.09.11 2017가단14452
소유권이전등기 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The assertion and judgment

A. The Plaintiff’s assertion C entered into a sales contract with Dae Young-young and annexed real estate (hereinafter “instant real estate”) which was delegated with the authority to sell in lots by the Defendant, and the Plaintiff acquired the status of the buyer from C as to the instant real estate, and thus, the Defendant is obligated to implement the procedure for the registration of ownership transfer with respect to the instant real estate.

B. According to the reasoning of the evidence No. 1, it is recognized that C entered into a sales contract with Daeyoung Co., Ltd. on March 2, 1990 with respect to the instant real estate, and that C entered into a transfer contract with the Plaintiff on June 7, 2017.

However, there is no evidence to prove that C has fully performed the payment obligation under the sales contract (the defendant asserts that the sales contract was rescinded because C did not perform the payment obligation after only the down payment was made). Furthermore, there is no evidence to prove that C had consented to the transfer of the status of the purchaser of the instant real estate or the transfer of the right to claim the transfer of ownership transfer against the plaintiff. Thus, the plaintiff's assertion based on such premise is without merit.

2. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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