2. The costs of the lawsuit are assessed against the defendant.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

1. Ulsan Metropolitan City, Nam-gu, Ulsan Metropolitan City;

2. Ground above;

The 2nd floor of reinforced concrete and a lux roof 2nd roof, the 95.94 square meters in neighborhood living facilities, and 83.92 square meters in total.

Annex

Maternal slive slive roof slives

3 square meters

Grounds for Claim

1. Family relationship;

The plaintiff is the regional housing association that has obtained authorization for the establishment of the main home association in accordance with the provisions of the Housing Act for the apartment housing business in Ulsan Nam-gu and 224 parcels, and the defendant is the owner of the real estate indicated in the attached Form belonging to the above apartment project site.

2. The establishment and circumstances of the sales contract;

A. On February 8, 2015, the Plaintiff: (a) established a promotion committee of the D Housing Association for the said housing project; (b) recruited its members; and (c) held an inaugural general meeting on November 15 of the same year; and (d) applied for authorization for the establishment of an association to the office of the Nam-gu Busan Metropolitan City, the authorization authority for the establishment of the Association in the name of the Association on April 8, 2016.

B. On November 13, 2015, the Defendant entered into a sales contract with the Plaintiff (the Committee for Promotion of DHousing Association prior to the authorization for establishment) as follows.

1. The purchase price: 448,500,000 won for the down payment and the due date: 90,000 won for the remainder payment and the due date until November 15, 2015: 358,50,000 won for the transfer of ownership on March 2, 2016: The seller shall deliver all documents necessary for the registration of transfer of ownership to the purchaser at the time when he/she receives the balance of the purchase price and implements the registration procedures.

C. On November 13, 2015, the Plaintiff paid the down payment of KRW 90,00,000 to the Defendant according to the above sales contract.

D. Since then, the defendant has notified the cancellation of a sales contract on the ground that he did not pay any balance on the outstanding payment date without providing documents necessary for filing an application for registration of ownership transfer or providing obligations for the delivery of buildings, and he is refusing to execute a sales contract on the ground that the contract is terminated despite the plaintiff's request for the provision of procedures for registration of ownership transfer due to simultaneous performance with the payment of the remainder.

3. Right to claim the validity of a sales contract and the transfer registration of Plaintiff;

A. The sales contract is a bilateral contract, and the buyer's obligation to pay the balance and the seller's obligation to transfer the seller's ownership, and the obligation to deliver and specify real estate are in a simultaneous performance relationship.

Therefore, if a seller intends to cancel a contract, it is insufficient for the buyer to pay the remaining price on the date of the transaction. In principle, the seller is required to prepare all documents necessary for the application for ownership transfer registration to the extent that the seller can receive them, notify the other party of the fact that the buyer has failed to comply with the request by notifying the other party of the performance of the other party's obligation for the payment of the remainder within a reasonable period, and the seller has to give the other party notice of the performance and notify the other party of the performance and to receive the performance of the obligation. Even though there is an agreement that the buyer would automatically cancel the contract if the buyer fails to pay the remainder by the due date of the payment, the intention and fact of the agreement cannot be viewed as automatically cancelled the contract unless the buyer pays the remainder by the due date of the payment. (Supreme Court Decisions 86Da1379, Sep. 8, 1987; 80Da47565, Aug. 6, 1985).

B. The defendant unilaterally notified the plaintiff of the cancellation of the contract on the ground that the plaintiff could not pay the balance on the payment date of the balance without providing documents concerning the registration of ownership transfer, such as a certificate of personal seal impression and certificate of registration for sale, or providing the duty of delivery and order of the building. Therefore, the contract of this case is valid.

C. Therefore, the plaintiff has the right to seek the implementation of the procedure for the registration of transfer of rights at the same time as he/she receives any balance under the above sales contract.

4. Conclusion

Accordingly, the plaintiff has the honor to seek this case's judgment like the above purport of the claim.