소유권이전등기
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport:
1. The grounds for this part of the finding by the court are as stated in Paragraph (1) of the remaining reasons, in addition to adding " October 30, 2005" to Section 8 of the second part of the judgment of the court of first instance.
(Article 420 of the Civil Procedure Act).2. The reasoning for this part of the court’s judgment concerning the cause of claim is as stated in paragraph (2) of the judgment of the first instance.
(main sentence of Article 420 of the Civil Procedure Act). 3. Judgment on the defendant's argument
A. The gist of the Defendant’s assertion is that the Defendant received 33 million won down payment from the Plaintiff and did not receive any balance, and thus, the instant sales contract may be rescinded on the grounds of delay in the obligation of the Plaintiff to pay the remainder. As such, the instant documents containing the declaration of intention of rescission were delivered to the Plaintiff, the instant sales contract was lawfully rescinded.
B. Ultimately, in order to determine whether the Defendant’s right to rescission occurs, we need to examine whether the Plaintiff fulfilled the obligation to pay the remainder.
(Article 565(1) of the Civil Act provides that the other party may exercise the right of rescission until the other party reaches the commencement of performance, and if any balance is paid, the right of rescission shall not be exercised). The fact that there is no receipt proving that the Plaintiff has paid the remainder to the Defendant is recognized.
However, the following circumstances, which are acknowledged based on the facts recognized in the above 1. The evidence and Eul evidence No. 8 (including each number), together with the overall purport of each statement and the whole pleadings, are as follows: ① the plaintiff applied for the issuance of the qualification certificate for acquisition of farmland for the land of this case and the remaining land around October 2005, which was prior to the payment date of the balance of the sales contract of this case; ② the person who intends to acquire farmland in Article 8 of the former Farmland Act (amended by Act No. 10303, May 27, 2009) shall attach it when applying for the registration of ownership after obtaining the qualification certificate for acquisition of farmland.