소유권이전등기
1. The judgment of the court of first instance is modified as follows.
The defendant is paid KRW 169,00,000 from the plaintiffs.
1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act
2. The assertion of the parties and their determination
A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to implement the registration procedure for transfer of ownership with respect to each portion of 1/2 of the real estate of this case on the grounds of the sales contract of this case, and to deliver the occupied portion of this case.
B. The Defendant’s assertion and its determination 1) The Defendant asserted that: (a) on July 5, 2016, sent content-certified mail to the Plaintiffs and urged them to pay the remainder by July 31, 2016; (b) the instant sales contract was lawfully rescinded due to the Plaintiff’s nonperformance; and (c) even if the instant sales contract was not rescinded, the Plaintiffs’ obligation to pay the remainder should be concurrently performed with the Defendant’s obligation to transfer and deliver ownership; (b) in the event that the sales contract was concluded on the claim for cancellation of the instant sales contract, the seller’s transfer registration obligation, delivery obligation, and buyer’s obligation to pay the remainder is in principle related to simultaneous performance.
(See Supreme Court Decision 200Da8533 delivered on November 28, 2000). A person who intends to cancel a contract on the grounds of the other party's non-performance in a bilateral contract with simultaneous performance relationship shall provide for the other party to perform his/her own obligation in the simultaneous performance relationship, and if the other party's act is necessary in the performance of his/her obligation, he/she shall complete preparation to perform at any time, and if the other party's act is necessary, he/she shall notify the other party of the intention so that the other party may cause delay of performance.