Q
I paid all the real estate purchase price, but they are not transferring ownership. Can I file an ownership transfer registration lawsuit?
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ownership transfer registration lawsuit
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作者: 고병준
Yes, even after paying all the real estate purchase price, if the seller does not transfer the ownership registration, the buyer can file an ownership transfer registration lawsuit.
In real estate transactions, the seller must transfer the ownership registration after receiving the price, and the buyer has the legal right to demand this.
If the seller refuses or delays the ownership transfer registration, the buyer can have the ownership transferred through a lawsuit.
The ownership transfer registration lawsuit is a procedure in which the buyer files a lawsuit with the court to compel the seller to transfer ownership when the seller does not fulfill obligations under the sales contract.
To file an ownership transfer registration lawsuit, evidence proving the sales contract and payment of the price (such as account transfer records and receipts) is required.
When the buyer files the lawsuit, the court reviews the case and may render a judgment to compulsorily transfer ownership if the seller does not perform the ownership transfer registration.
If the court issues a judgment ordering the seller to transfer ownership, the buyer can apply for ownership transfer registration to the court based on the judgment.
To file an ownership transfer registration lawsuit, you need to prepare materials such as the sales contract and proof of payment. Since it can be difficult for individuals to determine which evidence has legal effect, we recommend that you proceed with the procedure with the assistance of a real estate specialist attorney with abundant experience in resolving such cases.
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