A. 1) On November 4, 2017, the Plaintiff’s real estate indicated in the separate sheet from the Defendant (hereinafter “instant real estate”).

2) The sales contract for the purchase price of KRW 800,000 (hereinafter “instant sales contract”).

(2) At the time of the conclusion of the instant sales contract, the Defendant agreed to complete the registration of ownership transfer to the Plaintiff, the buyer, after two years from the date of completing the registration of ownership transfer or from the date of occupancy.

On November 16, 2017, the Defendant completed the registration of ownership transfer in the future of the Defendant regarding the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2

B. Therefore, the Defendant is obligated to complete the registration of ownership transfer based on the instant sales contract on November 4, 2017 with respect to the instant real estate, unless there are special circumstances to the Plaintiff.

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The Plaintiff decided to use and benefit from the instant real estate as a person of chonsegwon until the completion of the registration of transfer of ownership at the time of the conclusion of the instant sales contract, paid the Defendant the deposit amount of KRW 500 million, and then deducted the claim for refund of the deposit amount from the purchase price without refund after the termination of the contract. However, the Plaintiff transferred the claim for refund of the deposit amount to the Housing and Urban Guarantee Corporation. As a result, the Defendant was unable to receive the payment of the purchase price amount of KRW 500 million. Accordingly, the instant sales contract was rescinded on the ground of the Plaintiff’s breach of the contract. 2) The Plaintiff and the Defendant concluded the registration of establishment

However, without the Defendant’s consent, the Plaintiff completed the registration of establishment of a mortgage with the mortgagee as “C” other than the Plaintiff.

The defendant is not the plaintiff but a third party.