[소유권이전등기][공1994.3.1.(963),716]
Where the buyer has agreed to pay interest at the rate of 2 percent per month until the date of the remainder, and the seller fails to provide the documents required for the registration of ownership transfer on the date, whether the buyer is liable for the delay of performance even thereafter.
The buyer's obligation to pay the remainder and the seller's obligation to provide documents required for the transfer of ownership are concurrently in the performance relationship, and even if the buyer did not pay the remainder on the due date, if the buyer did not provide documents required for the transfer of ownership on the due date, he/she shall not be held liable for delay of performance from that time to that time for the buyer's failure to pay the remainder.
Article 536 of the Civil Act
[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Dong-young et al., Counsel for plaintiff-appellant-appellant-appellee)
[Judgment of the court below]
Defendant Ori-hee, Counsel for defendant-appellant
Busan District Court Decision 92Na16215 delivered on July 2, 1993
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
We examine the grounds of appeal.
According to the reasoning of the judgment below, the court below acknowledged that the plaintiff paid 180,000,000 won to the defendant on January 25, 1992 through the non-party on the 20th of the same month for the remainder payment of KRW 100,000 among the above remainder payment to the defendant via the non-party on the 20th of the same month, and the remaining amount of KRW 80,000,000 shall be paid on the original agreed date, plus interest at the end of April of the same year and the end of May of the same year, and requested the defendant to accept the notarized promissorysory notes at the same time, and the defendant received the above request. The court below did not err by misapprehending the legal principles as to the remaining amount of KRW 100,000 from the 20th of January 25, 1992 and the defendant's duty to pay 100,000,000 won to the defendant on the 20th of the above agreed date.
Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Yoon Young-young (Presiding Justice)