소유권이전등기
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The following facts are not disputed between the parties, or can be acknowledged in full view of Gap evidence Nos. 1 to 4, Eul evidence Nos. 2 to 6, and the whole purport of pleadings.
On November 3, 2012, the Plaintiff entered into a sales contract with the Defendant to purchase the forest land of this case in KRW 1,000,000,000, and KRW 50,000,000 from the Defendant (hereinafter “instant sales contract”) and entered into the said contract with the Defendant as follows. The Plaintiff paid KRW 60,000,000,000 in total, as of the payment date of the remainder KRW 950,000,000 on December 20, 2012.
On the other hand, the Defendant issued and delivered to the Plaintiff a written consent for land use necessary for building permission with respect to the instant forest.
【Contents of Special Agreement】
1. The balance shall be paid within one month from the construction permit date;
2. The remainder payment date shall be three months ( February 2, 2013) and the period shall be the period which ends upon mutual concession, if it is under deliberation.
(Paragraph 5) of the special agreement (hereinafter “instant special agreement”).
B. On February 25, 2013, the Plaintiff and the Defendant delayed the remainder payment date of the instant sales contract as of April 15, 2013. However, if the remainder is not paid until that date, the Plaintiff agreed not to claim the return of the down payment. The Plaintiff did not pay the remainder by April 15, 2013.
C. On September 10, 2013, the Defendant urged the Plaintiff’s agent B to perform the instant sales contract by not later than September 16, 2013, by content-certified mail, and if no contact exists, the contract shall be rescinded.
“The Plaintiff notified the purport,” and the Plaintiff did not pay any balance by September 16, 2013.
On March 26, 2014, if the Plaintiff did not pay the remainder to the Defendant by June 30, 2014, the Plaintiff would waive the down payment of the instant sales contract and the sales price already paid.