소유권이전등기말소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations by the court of first instance, and each evidence submitted by the court of first instance is deemed legitimate even if each evidence submitted to the court of first instance was presented to this court.
Therefore, the court's reasoning for this case is as follows: (a) the witness I and C, each of which is insufficient to recognize the plaintiff's assertion as evidence submitted in the trial; and (b) the plaintiff's assertion added to this court, as well as the following 2. additional determination, are the reasons for the judgment of the court of first instance; and (c) thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. On December 29, 2015, the notice sent by the Plaintiff to the Defendant on December 29, 2015 includes the Defendant’s declaration of intent to rescind the instant sales contract on the grounds that the purchase price is not paid.
The contract of this case was cancelled by service of the above peremptory notice, and the defendant is obligated to implement the procedure for cancellation registration of transfer of ownership of this case to the plaintiff.
B. According to the statement in Gap evidence No. 4, the main purport of the highest notice of December 29, 2015 is that "the instant sales contract shall be null and void in accordance with Article 104 of the Civil Act as an unfair juristic act, or shall be revoked in accordance with deception by the defendant and C," and it is difficult to view that the Defendant’s expression of intent to cancel the instant sales contract is not included in the expression of intent to cancel the instant sales
Although the above peremptory notice states that “In the absence of the payment of the purchase price, it shall be deemed that the registration of ownership transfer should be cancelled due to the lack of the cause of the registration,” the said peremptory notice shall be urged to pay the purchase price or to pay it in the said peremptory notice in a situation where the Plaintiff explicitly asserts the invalidation or revocation of the instant sales contract.