A. On December 24, 2012, the Plaintiff sold the land indicated on the order of its ownership (hereinafter “instant land”) to KRW 100 million. The down payment of KRW 10 million on that day and KRW 45 million out of the remainder amount of KRW 90 million on that day shall be substituted by the Defendant’s acceptance of the secured debt of the right to collateral security established on the instant land. The remainder of KRW 45 million was paid at the same time as the delivery of the certificate of ownership transfer registration on December 31, 2012, and received KRW 10 million from the Defendant.

B. After the remainder payment date, the Defendant promised to pay any balance after receiving a loan if the registration of ownership transfer is completed prior to the remainder payment date. Accordingly, the Plaintiff completed the registration of ownership transfer for the instant land to the Defendant on December 31, 2012.

C. However, the Defendant, on December 31, 2012, did not pay the remainder to the Plaintiff even if it established the right to collateral security and received a loan with respect to the instant land, and the Plaintiff continued to pay the interest on the instant land because it did not accept the secured obligation of the right to collateral security, which was agreed to accept.

In addition, on March 5, 2013, the Korea Student Aid Foundation, which is the defendant's creditor foundation, issued a provisional seizure execution with the claim amount of KRW 12,746,971 as to the land in this case, and on October 16, 2014, the plaintiff paid the above amount in lieu of the above amount and cancelled the provisional seizure.

Accordingly, around October 10, 2014, the Plaintiff notified the Defendant of the payment of the remainder and the interest, etc. that the Plaintiff paid to the Defendant up to October 15, 2014, and that if not paid up to that time, the Plaintiff would cancel the sales contract. The Defendant continued to comply with this.

【Facts without dispute over the ground for recognition, Gap evidence 1 through 6】

2. The allegations and judgment of the parties

A. The defendant's obligation to cancel the ownership transfer registration is examined as above.