계약금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the judgment of the court of first instance, except for the case where the "3. Judgment" among the grounds of the judgment of the court of first instance is modified as stated in paragraph (2) below. Thus, it is citing it as it is by the main sentence of
2. Parts to be dried;
3. Determination
A. The obligation to cancel the registration of creation of a mortgage and the obligation to pay remaining amount, which is borne on the land, which is the purpose of the sale and purchase of the termination of the contract, are in simultaneous performance relationship unless otherwise stipulated (see Supreme Court Decision 91Da23103, Nov. 26, 1991). There is no evidence to prove that the Plaintiff entered into the sales contract of this case, inasmuch as there is no special agreement that the Plaintiff entered into the contract of this case, the Plaintiff’s obligation to pay the remainder and the Defendant’
Thus, even if the plaintiff did not pay any balance on the payment date of the remainder, the termination of the contract by the defendant on the ground of the delay of payment is invalid, since there is no evidence that the defendant cancelled the right to collateral established on the real estate of this case or provided documents necessary for the cancellation thereof.
B. Determination 1 on the Defendant’s assertion that there is no need to offer performance. A) As alleged by the Defendant prior to the Defendant’s assertion, the instant sales contract was automatically rescinded, or the Plaintiff expressed its intent not to pay any balance again by April 6, 2018, notwithstanding the remainder payment date extended by March 13, 2018, as the Plaintiff finally extended, as alleged by the Defendant, and thus, the Defendant does not need to provide documents necessary for cancellation of the right to collateral security.
B) The judgment (in the case of a real estate sales contract, there is an agreement that the contract will be automatically rescinded if the buyer fails to pay the price by the due date for the payment.