소유권이전등기의무 부존재확인
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
1. The reasoning of the judgment of the court of first instance concerning this part of the facts of recognition, with the exception of the following portions being dismissed or added:
1. Since part of the entry is the same, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The following shall be added to the five pages of the first instance judgment:
3) On October 4, 2019, the Plaintiff sent to the Defendant by registered mail a letter of delegation, termination certificate, certificate of transfer, certificate of completion of registration, written notice of completion of registration and written notice of completion of mortgage contract and written notice of conclusion of superficies contract, each attached to each of the instant real estate, with the purport that “The Plaintiff shall prepare documents necessary for filing an application for registration of the establishment of mortgage and the registration of cancellation of superficies established on the instant real estate, and shall keep the real estate in custody at a certified judicial scrivener office in lieu of provision for the implementation of the registration.” In addition, on October 8, 2019, the Plaintiff sent to the Defendant a letter of peremptory notice attached to the mortgage and the registration of cancellation of superficies established on the instant real estate, and the said letter of peremptory notice reached the Defendant on October
On the other hand, even before November 6, 2019, the defendant did not pay the purchase price to the plaintiff, which was closed at the trial.
On August 24, 2017, the court of first instance added “after closing the pleadings on August 24, 2017” following the first instance judgment.
The fourth 20 billion won of the judgment of the court of first instance is "275 million won" of the 20th 20 billion won.
In the judgment of the court of first instance, the 5th of the 5th of the 5th of the 195th of the 5th of the 5th of the 5th of
2. Judgment on the defendant's argument that conflict with res judicata
A. The Defendant’s assertion at the appellate court of the previous lawsuit that “The instant sales contract was delayed due to the Defendant’s prolonged payment of KRW 290,000,000 for the purchase price, and the Plaintiff notified the Plaintiff of the payment of the purchase price, but the Defendant did not pay the purchase price more than 2 years and 9 months. Therefore, the Defendant’s declaration of intent to cancel the instant sales contract on the grounds of the Defendant