소유권이전등기
1. The defendant shall be paid KRW 590,000,000 from the plaintiff and at the same time real estate stated in the attached list to the plaintiff.
1. Facts of recognition;
A. On October 22, 2020, the Plaintiff entered into a sales contract with the Defendant, the owner of the real estate listed in the order (hereinafter “the instant real estate”), with the content that the Plaintiff purchased the instant real estate from the Defendant, and agreed to pay KRW 970 million for the down payment as KRW 100 million and KRW 870 million for the remainder payment as well as for the registration of transfer of ownership from the Defendant on November 30, 2020 (hereinafter “the instant sales contract”). Article 5 of the instant sales contract provides that the seller shall reimburse the remainder of the down payment before the buyer pays the intermediate payment (if there is no advance payment), and the buyer may waive the said contract with the waiver of the down payment.
“.....”
The Plaintiff paid 100 million won to the Defendant by October 23, 2020.
B. After the conclusion of the instant sales contract, the Plaintiff transferred KRW 10 million to the Defendant on October 27, 2020, which was prior to the payment date of the remainder, and again remitted KRW 70 million to the Defendant on November 3, 2020.
On November 11, 2020, the Plaintiff asked a certified broker who arranged the instant sales contract (hereinafter only referred to as the “dealer”) in writing, “whether the broker would pay any balance to the next week”, and the broker, “if the balance becomes final and conclusive, he will inform the Defendant that the balance becomes final and conclusive.”
“The answer was made.”
On November 12, 2020, the Plaintiff would pay the remainder to the broker on the following Tuesday ( November 16, 2020), at the latest, on the following Tuesday ( November 17, 2020).
The message sent “.......”
around this time, the defendant knew that the plaintiff remitted the total amount of KRW 80 million to the broker, and asked the broker about its circumstances (the defendant's response on January 18, 2021). The defendant, around November 12, 2020, around 15:57-15:59, "the balance of November 16, 16, the seal impression for sale, 1, an abstract (including the former address), 1, an abstract, and an identification card contract.