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 reasons for the court's explanation concerning this case are as follows: (1) "Defendant" in the second 7th sentence of the judgment of the first instance shall be deemed as "Defendant"; (4) "no" in the fourth 5th sentence shall be deemed as "no"; (2) "no" in the fourth 9th sentence shall be deemed as "no"; (3) "or the liability for warranty pursuant to Article 570 of the Civil Act due to the sale of another person's right" in the third 9th sentence; and (3) "or the liability for warranty pursuant to Article 570 of the Civil Act due to the sale of another person's right" in the first 9th sentence; and (3) "no judgment on the defendant's argument in the appellate court shall be added as stated in the reasons for the first instance judgment, except for the addition of the judgment on the defendant's argument in the second 2nd sentence.
2. Judgment on the defendant's argument in the appellate trial
A. The defendant asserts that the resolution of the clan general meeting does not have any obligation to deliver the payment to the plaintiff prior to or simultaneously with the payment of the intermediate payment, as documents necessary for the registration of the transfer of ownership are delivered only by the
In the case of a general sales contract for the disposal of a clan and a clan property, one of the "documents necessary for the registration of ownership transfer", so it would be sufficient to provide such documents only until the seller performs his/her duty of registration of ownership transfer as alleged by the defendant.
However, in the case of a contract for the sale of other person's right to real estate concluded by a person who is a mere member of a clan as a seller, not a normal contract concluded by the clan as a seller, the purchaser cannot acquire ownership of the real estate even if the purchaser pays the purchase price to the seller, so the resolution of the clan general meeting is a prerequisite for the normal performance of the contract.
However, according to the sales contract of this case, the defendant is authorized to resell the real estate of this case to the plaintiff.