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Q
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I concluded a real estate sales contract and paid the full price, but they are not carrying out the registration of ownership transfer. If ownership is not transferred even though I have paid the full real estate purchase price, can I file a lawsuit for registration of ownership transfer? I would like to know how the legal procedure proceeds in this case.
lawsuit for registration of ownership transfer
Answer
Published:
Author : Byung Joon KOH
Yes, even after paying the full real estate purchase price, if the seller does not carry out the registration of ownership transfer, the buyer can file a lawsuit for registration of ownership transfer.
In a real estate transaction, the seller must carry out the registration of ownership transfer after receiving the price, and the buyer has the legal right to demand this.
If the seller refuses or delays the registration of ownership transfer, the buyer can have ownership transferred through a lawsuit.
A lawsuit for registration of ownership transfer is a procedure in which, where the seller does not perform the obligations under the sales contract, the buyer files a lawsuit with the court to compel the seller to transfer ownership.
To file a lawsuit for registration of ownership transfer, you need the sales contract and evidence that can prove payment of the price (bank transfer records, receipts, and the like).
When the buyer files the lawsuit, the court hears the case, and if the seller does not carry out the registration of ownership transfer, it can render a judgment that compulsorily effects the transfer registration.
Once the court renders a judgment ordering the seller to transfer ownership, the buyer can, on the basis of the judgment, apply to the court for registration of ownership transfer.
To file a lawsuit for registration of ownership transfer, you must prepare materials such as the sales contract and evidence of payment of the price, but because it can be difficult for an individual to judge which evidence has legal effect, we recommend that you proceed by seeking the assistance of a real estate attorney with extensive experience in resolving such cases.

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