소유권이전등기
1.The judgment of the first instance shall be modified as follows:
The defendant shall receive KRW 40,380,000 from the plaintiff.
1. The reasoning of the court's explanation concerning this case is as follows, except where the defendant added the judgment of the court of first instance as to the matters alleged in the trial of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of Articles 1 and 2.
2. Additional matters to be determined;
A. The defendant asserts that the time when the plaintiff purchased the right to purchase the apartment of this case from the defendant shall be June 22, 2012 when the restriction on the resale of the apartment of this case or the right to purchase the apartment of this case is revoked, and the purchase price of the apartment of this case shall be KRW 280 million, which is the market price at that time. Thus, the defendant asserts that the plaintiff cannot register the transfer of ownership to the plaintiff until he is paid the remaining KRW 250,8180,000,000, excluding the down payment paid by the plaintiff from the above purchase price.
In regard to this, the Plaintiff asserts that only KRW 2,182,00,000,000,000 for the purchase price of the apartment of this case, which was paid by the Plaintiff at KRW 218,200,00 for the purchase price of the apartment of this case, and KRW 4,038,00,000,00,000 calculated by subtracting the secured debt of KRW 156,000 for the establishment registration
B. Determination 1) As seen earlier, it is reasonable to view that an agreement violating the prohibition of resale does not become null and void as a matter of course, and therefore, a sales contract was concluded between the Plaintiff and the Defendant on February 11, 2012, with which the Plaintiff purchased the right to purchase the apartment, and it is reasonable to view that the sales price is KRW 260 million, including the total of KRW 46 million in the name of the premium in total, KRW 200 million in the sales price of the apartment in this case. 2) Meanwhile, if the seller fails to cancel the registration of establishment of a neighboring mortgage on the subject matter of sale, which the seller bears the duty to cancel, the buyer may refuse to pay the sales price to the extent of risk, and further, the seller shall be subject to the right to collateral security from the sales price.