손해배상(기)
1. The plaintiff's appeal and the claims extended by this court are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
1. The reasons for this part of the underlying facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, with the exception of adding “D. The sale price fixed at the instant house is KRW 283.7 million” to “the sale price fixed at the instant house is KRW 283.7 million” to “the sale price fixed at the instant house,” which is the same as stated in the main sentence of Article 420 of the
2. Judgment as to the main claim
A. On May 12, 2017, the Defendant asserted that the instant housing was sold to a third party, even though the Plaintiff had a duty to complete the registration of ownership transfer regarding the instant housing pursuant to the agreement for designation of the club and the sales contract concluded with the Plaintiff.
As a result, the defendant's obligation to transfer the above ownership was impossible, or the defendant's intent not to perform the above obligation to transfer the ownership was clearly indicated, so the defendant is obligated to pay to the plaintiff the remaining KRW 183.7 million after deducting the already paid KRW 100 million from the market price of the house of this case as damages for non-performance or non-performance.
B. According to the above facts of determination, the defendant delivered a sales contract and a designation contract for the house of this case at the market price in excess of the above loan amount to the plaintiff in order to secure the debt of the loan of this case to the plaintiff, and agreed to transfer ownership of the house of this case to the plaintiff. Thus, it is reasonable to deem that this is a security agreement for transfer made for the purpose of securing the defendant's debt of the loan
Therefore, barring any special circumstance, the Defendant is obligated to implement the procedure for the registration of ownership transfer of the instant house in accordance with the aforementioned security agreement to the Plaintiff, barring any special circumstance.
(see, e.g., Supreme Court Decision 98Da51220, Feb. 9, 199). Furthermore, the Defendant’s duty to transfer ownership registration is required.