소유권이전등기
1. The defendant is on the ground of sale on April 27, 1996 with respect to the share of 468/633 out of 633 square meters in Gangseo-gu Busan Metropolitan City.
1. On April 27, 1996, the Plaintiff purchased 468/633 shares (hereinafter “instant land”) from the Defendant from the Defendant on April 27, 1996, in Busan Gangseo-gu, Busan, for the purchase of 63 million won from the price to the 630 million won. Thus, barring any other circumstance, the Defendant is obligated to implement the procedure for the registration of ownership transfer for the instant land on April 27, 1996, to the Plaintiff, barring any dispute between the parties.
2. As to the Defendant’s assertion, the Defendant asserted that, inasmuch as all expenses, such as public charges, are required to maintain and manage the instant land, the Defendant cannot accept the Plaintiff’s claim from the Plaintiff until the said expenses are refunded.
Even after the Defendant sold the instant land to the Plaintiff, there is no dispute over the fact that it used the instant land by planting crops, such as a large wave, etc., on the instant land.
However, in the sale of a specific object, the buyer's liability for the payment was delayed.
Even if the subject matter is delivered to the buyer, the seller may receive the fruits arising from the subject matter, while the seller shall bear the expenses for the management and preservation of the subject matter. On the other hand, the buyer does not need to pay interest on the purchase price (see Supreme Court Decisions 80Da211, May 26, 1981; 567 and Article 587 of the Civil Act). Therefore, in the instant case where it is evident that the Plaintiff paid the purchase price upon the sale, and the land is not delivered to the Plaintiff, the Defendant cannot claim against the Plaintiff the management and preservation expenses, such as beneficial expenses, necessary expenses, and taxes, for the land in this case.
Therefore, the defendant's above argument cannot be accepted.
(q) In addition, as long as the Defendant occupied and used the instant land, the Plaintiff cannot seek payment of taxes and public charges, such as land tax equivalent to the ordinary cost, as long as it used and used it.