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1. The Defendants were to sell and purchase each real estate listed in the separate sheet to the Plaintiff on April 10, 2017.
1. On April 10, 2017, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”) from the Defendants on April 10, 2017 (hereinafter referred to as the “instant sale”) and there is no dispute between the parties. Therefore, the Defendants are obligated to implement the procedure for the registration of ownership transfer for the instant real estate to the Plaintiff on the same day.
2. The Defendants asserted as to the Defendants’ assertion that, although the Plaintiff’s demand for the payment of the remainder due to the Plaintiff’s failure to pay the remainder on the outstanding payment date, the Defendants asserted that the Plaintiff’s demand cannot be complied with due to the cancellation of the instant sales contract on November 20, 2017.
In full view of the purport of the argument in Eul evidence No. 1, it can be acknowledged that the defendants expressed their intent to cancel the sales contract of this case on or around November 20, 2017 because the plaintiff failed to pay the remainder at the due date. However, according to the evidence No. 1, it can be acknowledged that the sales contract of this case includes the plaintiff's obligation to pay the remainder and the seller's obligation to deliver the documents for transfer of ownership. In such a case, in order for the seller to cancel the sales contract to cancel the seller's delayed liability, the fact that the buyer has not paid the remainder at the due date is insufficient, and in principle, the seller has to prepare all documents necessary for the seller's application for transfer of ownership and provide them by notifying the other party of its receipt (see, e.g., Supreme Court Decision 92Da5713, Jul. 14, 1992). Since there is no evidence to acknowledge that the Defendants fulfilled the obligation to transfer ownership or provided the documents for transfer of ownership.
On the other hand, the Plaintiff.