소유권이전등기
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiffs' assertion
A. As the registration of ownership transfer under the instant sales contract was completed in the name of a third party with respect to the land Nos. 3, 4, 6, and 11 while the Defendant filed a claim for the registration of ownership transfer and the Defendant for the payment of money did not perform all the obligation to transfer ownership under the instant sales contract to G, the part of 549 square meters out of the instant sales contract was impossible to perform.
Therefore, the Defendant is obligated to implement the procedures for the registration of ownership transfer as to the real estate listed in the separate sheet No. 1 as part of the instant sales contract corresponding to the 674 square meters among the instant sales contract. (B) Since the part of 549 square meters in the instant sales contract was cancelled by the delivery of a written complaint stating the Plaintiffs’ declaration of intent of cancellation due to nonperformance, the Defendant is obligated to reinstate the Plaintiffs to the original state (i.e., KRW 58,827,106 (i.e., KRW 137 million in the previous payment - KRW 78,172,894 in the sales price corresponding to the said KRW 674 square meters)
B. As the instant sales contract was partially rescinded as seen above, G may be deemed to have fully performed the obligation to pay the remainder under the instant sales contract. Accordingly, since the secured obligation of the instant right does not exist any longer, the Plaintiffs seek confirmation of the non-existence of the secured obligation of the instant case, primarily, by performing the registration procedure for cancellation of the establishment registration of the instant right to collateral security, and by seeking confirmation of the non-existence of the secured obligation.
3. Determination
A. The fact that the instant sales contract was concluded based on the instant sales contract and the judgment on the claim for transfer of ownership based on the instant sales contract is as seen earlier. Thus, the Defendant is a general succession of G, barring any special circumstance.