A. Determination 1 as to Section C (b) of this case’s land owned by the Defendant around 1985 by the Plaintiff et al. (Death around 2001) to purchase the part of Section C (b) of this case’s land owned by the Defendant (hereinafter “instant sales contract”).

(2) The Defendant asserted that, barring any special circumstance, the Plaintiff, etc., who is the heir of E, is not obligated to implement the procedure for ownership transfer registration based on the instant sales contract as to the part of the Plaintiff, etc., which was based on the instant sales contract. (2) The Defendant asserted that, barring any special circumstance, the Plaintiff, etc., could not comply with the Plaintiff, etc.,’s claim for ownership transfer registration, since the Plaintiff, etc., failed to receive part of the purchase price from E, was unable to comply with the claim

As seen earlier, E is expected to pay a certain purchase price and take over ownership in Section C (b) from the Defendant. As such, the Defendant may refuse to perform the obligation to transfer ownership until the full payment of the purchase price is made.

As to this, the plaintiff asserts that he paid the sales amount of KRW 500,000 under the sales contract of this case.

In light of the fact that E paid KRW 500,000 to the Defendant after the instant sales contract, there is no dispute between the parties, but the Defendant asserts that the purchase price was at least KRW 500,000 under the instant sales contract, and considering that E and the Plaintiff, etc. were not transferred the registration of ownership transfer as to the portion of Section C (b) until the expiration of a considerable period after the instant sales contract, it is insufficient to deem that E paid the purchase price to the Defendant in full and the Defendant’s right to defense of simultaneous performance was extinguished.