2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. On April 17, 2017, the Plaintiff concluded a real estate sales contract (hereinafter “instant sales contract”) with the Defendant to purchase part of the C forest land in Ulsan-gun, Ulsan-gun, Ulsan-gun, the Defendant owned for KRW 9.8 million, and the down payment of KRW 7.6 million on the date of the contract, and the remainder of KRW 2.2 million on the date of the contract, and on April 28, 2017, the Plaintiff concluded a real estate sales contract (hereinafter “instant sales contract”).

B. The Plaintiff paid 9.8 million won to the Defendant under the instant sales contract.

C. Meanwhile, the Defendant did not complete the registration of transfer of ownership on the instant land to the Plaintiff, and the registration of seizure was completed on June 30, 2017 under the name of the State (Ulsan Tax Office) (hereinafter “instant seizure registration”) with respect to the portion of 254/573 out of the forest land in Ulsan-gun, Ulsan-gun, Ulsan-gun, including the instant land.

The Plaintiff, on October 16, 2017, declared his/her intention to cancel the instant sales contract by serving a preparatory document as served on October 16, 2017, on the grounds that the Defendant’s obligation to transfer the ownership and the obligation to cancel the registration of the instant seizure were not fulfilled. The said preparatory document was served on the Defendant on October 23, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. Where a real estate sales contract has been concluded, the seller's duty to transfer ownership, the duty to deliver ownership, and the duty to pay the remainder of the buyer's performance are in principle in the concurrent performance relationship. In this case, the seller bears a complete obligation to transfer ownership, barring any special circumstance, so if the real estate for sale is registered as provisional attachment, the seller should complete the registration of ownership transfer by cancelling such registration. Therefore, in the sales contract of real estate where provisional attachment is registered, the seller's duty to transfer ownership and provisional attachment registration are also required.