손해배상
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. The reasoning of the court of first instance for the acceptance of the judgment is as stated in the reasoning of the judgment of first instance, except where the defendant added a judgment on the argument emphasized by the court of first instance as set forth in the following 2. Thus, it shall be cited as it is by the main sentence of Article 420 of the Civil Procedure
2. Judgment on the argument that the defendant emphasizes
A. The defendant asserts that in the case of the instant sales contract, the defendant was preparing a certificate of personal seal impression and a certified copy and abstract of resident registration for sale to cooperate immediately in the procedure of ownership transfer registration as requested by E because the defendant immediately delivered the documents necessary for the registration of ownership transfer to the buyers who are physical colored by E or E, and that the certificate of registration was issued at the time of payment by E, and the certificate of registration was kept in custody for immediate cooperation, namely, in the procedure of ownership transfer registration, because the certificate of registration and the certificate of seal imprint were issued at the time of payment by E, so the defendant completed all the execution and provision of documents necessary for ownership transfer registration to E.
However, E, the buyer, at the same time, has the obligation to pay the balance of the sales contract of this case at the same time with the buyer’s registration procedure for transfer of ownership of this case’s real estate, and the Defendant is not required to actually provide documents, etc. necessary for the registration of transfer of ownership to delay of performance, but the buyer must prepare such documents, etc. and notify E of the fact that he will receive the balance in addition to the payment of the balance.
(see, e.g., Supreme Court Decision 2015Da204205, Jun. 24, 2015). However, the grounds alleged by the Defendant cannot serve as a justifiable ground for omitting the above procedures. There is no evidence to acknowledge that the Defendant prepared documents necessary for the registration of transfer of ownership to the instant real estate and notified E of the fact to be received.