소유권말소등기
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The annexed list of the judgment of the court of first instance under paragraph (1).
1. The reasoning of the judgment of the court of first instance cited by this court is as stated in the reasoning of the judgment of the court of first instance, except where the following is added to the fifth and eighth grounds for the judgment of the court of first instance. Thus, it is acceptable to accept this as it is by the main sentence of Article 420 of the Civil Procedure Act.
In addition, the Defendant asserted that “The Plaintiff expressed his intent to cancel the contract on the ground that the Plaintiff did not pay the remainder of each of the instant real estate to C, and that “the contract is rescinded due to the failure to receive any balance at all” in the process of a lawsuit seeking confirmation of non-existence of ownership transfer registration (Seoul District Court High Court 2016Gahap74915). The Defendant asserted that the instant KRW 210 million is not the Plaintiff’s money paid as part of the purchase and sale, but the amount borrowed separately from the Defendant. However, in light of the circumstances recognized earlier, the Plaintiff appears to have expressed that “the Plaintiff did not fully pay the balance or did not pay the balance by the deadline for the prohibition of the remaining payment” during the said lawsuit, and on the sole basis of the aforementioned circumstances alone, the Plaintiff merely expressed it in the sense that “the Plaintiff did not pay the balance by the deadline for the prohibition of the remaining payment.”
2. If so, the plaintiff's claim of this case is reasonable, and the judgment of the court of first instance is just, so the defendant's appeal is dismissed as it is without merit, and the "37mm2 in the Seoyang-gu, Seoyang-gu, Seoyang-si" among each real estate listed in the attached Form No. 1 of the judgment of the court of first instance is a clerical error of "7m2 in the Ilyang-gu, Seoyang-gu, Seoyang-gu, Seoul, and 7m2 in the attached Form No. 1 of the judgment of the court of first instance is a clerical error