소유권이전등기 등
1. The Defendant received KRW 80,000,000 from the Plaintiff at the same time, and simultaneously received the payment from the Plaintiff:
(a) real estate listed in the separate sheet;
1. Determination as to the cause of claim
A. 1) On September 15, 2014, the Plaintiff: (a) between the Defendant on September 15, 2014; and (b) from the Defendant, real estate listed in the separate sheet (hereinafter “instant real estate”).
(2) The purchase price is KRW 100 million, and the intermediate payment is KRW 10 million on the date of the contract, and the intermediate payment is KRW 10 million on October 6, 2014, and the remainder KRW 80 million shall be paid respectively on December 15, 2014. ② The Defendant shall receive the remainder of the purchase price from the Plaintiff and at the same time deliver all documents necessary for the registration of the transfer of ownership to the Plaintiff and cooperate with the registration of the transfer, and deliver the instant real estate on December 15, 2014 (hereinafter “the instant purchase contract”).
(2) On October 6, 2014, the Plaintiff paid each of the down payment of KRW 10 million to the Defendant on the day of the instant sales contract, and the intermediate payment of KRW 10 million to the Defendant.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2, and 2-1, the purport of the whole pleadings and arguments
B. According to the above facts of recognition, the Defendant, as sought by the Plaintiff, received the remainder of KRW 80 million from the Plaintiff, and at the same time, performed the registration procedure for transfer of ownership on September 15, 2014 with respect to the instant real estate, and was obligated to deliver the instant real estate to the Plaintiff.
2. Judgment on the defendant's argument to cancel the contract
A. The summary of the Defendant’s assertion: (a) concluded a sales contract with C on October 16, 2014, which was the date of the instant sales contract; (b) concluded a sales contract with C on October 16, 2014; and (c) concluded a down payment of KRW 7 million on the date of the contract; and (d) the payment date of intermediate payments and the remainder amount of KRW 60 million was determined on December 16, 2014, which is the date following the instant remainder payment, to receive the payment from the Plaintiff
On the other hand, the Plaintiff requested the Defendant to extend the remaining payment date by December 30, 2014, on the ground that the remainder payment date cannot be made until the instant payment date after the instant sales contract was concluded.