소유권이전등기
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. Of the appeal costs, the part relating to the Plaintiff’s appeal is the Plaintiff.
1. The reasoning for this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the court of first instance (as stated in paragraph (1) and 2, 11 to 6, 17). Thus, this part of the facts of recognition is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. From July 11, 2017, the Plaintiff provided the Defendant with the performance of the obligation to pay the remainder lawfully by preparing for the performance of the obligation to pay the remainder and demanding the Defendant to receive it. On August 22, 2017, the Plaintiff sent a content certification to the Defendant and notified the Defendant of the performance of the obligation under the instant sales contract, but the Defendant did not perform any obligation until 14 days have passed from the date on which the payment was made (performance of Performance). (2) On May 15, 2017, the Defendant notified the Plaintiff of the revocation of the condition of suspension to the Plaintiff on the ground that the Defendant would refuse the performance of the obligation under the instant sales contract by notifying the Plaintiff of the rescission of the condition of suspension. Although the Plaintiff completed the preparation for payment of the remainder and notified the Plaintiff to receive it, the Defendant sold each of the instant real estate to H and P by avoiding the performance of the obligation by face-to-face meeting several occasions.
(3) Therefore, the Plaintiff rescinded the instant sales contract on the grounds of delay of performance or rejection of performance by serving the Defendant the duplicate of the application form for change of the purport of the instant claim and the cause of the claim, and the Defendant must pay to the Plaintiff a sum of KRW 4 billion and damages for delay of performance. (b) Defendant 1 requested that the Plaintiff delay the payment date of the remainder of the instant sales contract on January 25, 2017, which is before the remainder payment date of the instant sales contract arrives. Since February 2017, the Plaintiff continuously demanded the preparation of a modified contract to postpone the payment date of the remainder, and it is clearly stated whether the remainder payment is possible.