소유권이전등기
1. The plaintiff's appeal is dismissed.
2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.
1. The reasoning of the judgment of the court of first instance as to the basic facts and the primary claim is as described in paragraphs 1 through 3;
(The main text of Article 420 of the Civil Procedure Act). 2. Judgment on the conjunctive claim
A. Determination as to the cause of claim was made by the Defendant from the Plaintiff on August 16, 2012 as down payment of KRW 30,000,000, and KRW 20,000,000 as part of the purchase price on November 30, 2012 under the instant contract, and the fact that the instant contract was lawfully rescinded upon the lapse of April 25, 2013 is recognized as above. Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the total purchase price of KRW 50,00,000, and delay damages therefrom, to the original state following the rescission of the instant contract, barring any other special circumstance.
B. The defendant's defense was cancelled on the ground that the contract of this case was discharged on the ground of the plaintiff's failure to pay the remainder, and thus, KRW 30,000,000 paid by the plaintiff to the defendant shall be attributed to the defendant pursuant to Article 6 of the contract of this case and
According to the statement in Gap evidence No. 1, the plaintiff and the defendant acknowledged the fact that "if the seller has entered into this contract, he shall pay twice the amount received as the down payment to the purchaser, and if the purchaser has entered into this contract, he shall be null and void and shall not claim the return thereof. It is reasonable to view that the contract deposit already paid is reverted to the defendant in the event that the plaintiff has failed to perform his obligation under the sales contract.
Furthermore, the fact that the contract of this case was rescinded on the ground of the Plaintiff’s nonperformance is as seen earlier, and therefore, the contract deposit amount of KRW 30,000,000 paid by the Plaintiff pursuant to the above penalty agreement is reverted to the Defendant, and the Defendant did not
Therefore, the defendant's defense is justified.
C. According to the theory of lawsuit, the defendant's contract of this case is to the plaintiff.