소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In full view of the respective descriptions and arguments stated in the evidence No. 1 through 4, and No. 7 (including each number), the Plaintiff entered into a sales contract with the Defendant on December 12, 2014, to pay KRW 660 million for each of the real estate listed in the separate list owned by the Defendant (hereinafter “instant real estate”) on the date of the contract; KRW 100 million for the first intermediate payment; KRW 100 million for the second intermediate payment on January 12, 2015; KRW 100 million for the second intermediate payment on February 12, 2015; KRW 360 million for the remainder payment on March 12, 2015; KRW 160 million for each of the following facts: KRW 600,000,000 for the Defendant on the date of the contract; KRW 100,000,000,0000 for each of the following facts: KRW 3.1.5 billion on the date of the contract;
According to the above facts, the defendant is obligated to implement the registration procedure for transfer of ownership of the real estate of this case to the plaintiff according to the sales contract of this case, unless there are special circumstances.
2. Judgment on the defendant's defense
A. As to the defendant's defense of cancellation of a contract, the defendant, although the plaintiff agreed to assume all the transfer income tax imposed on the defendant due to the contract of this case at the time of conclusion of the contract of this case, clearly expressed his intention to refuse to perform the obligation to pay the transfer income tax by filing the lawsuit of this case. The plaintiff's defense is that
B. 1) Generally, when one of the parties expressed an intention not to perform his/her own obligation in advance in a bilateral contract, the other party may rescind the bilateral contract without demanding performance or providing performance of his/her own obligation (see, e.g., Supreme Court Decision 97Da30257, Nov. 28, 1997).