소유권이전등기절차 이행
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Basic facts
A. On November 13, 2013, the Plaintiff purchased each land listed in the separate sheet (hereinafter “instant land”) owned by the Defendant from the Defendant for KRW 400 million.
(hereinafter “instant sales contract”). B.
The Plaintiff paid a down payment of KRW 40 million to the Defendant on the date of conclusion of the instant sales contract, and the remainder was paid until December 30, 2013, and entered into a special agreement with the following terms:
The current parking lot site is a contract that is subject to the change of the land category to a lot (class 2 residential area).
If the purpose of use is not changed, a contract shall be rescinded and restored to its original state without any condition.
In addition, all expenses, registration tax, legal expenses shall be borne by the seller.
may be adjusted by both parties on any balance date.
C. Meanwhile, the Plaintiff and the Defendant extended the remainder payment date to June 30, 2014, and the Defendant paid 20 million won as delayed payment, and added a special agreement to the effect that the intermediate payment is replaced by the intermediate payment, and additionally stated “this million won” in the part of the intermediate payment column of the instant sales contract.
On April 14, 2015, the Defendant received notification from the Ulsan-gun Office to the effect that it is possible to change the use of the instant land.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 5, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the purchase and sale balance of KRW 340 million from the plaintiff (=the purchase and sale price of KRW 400 million - contract deposit of KRW 40 million - contract deposit of KRW 40 million), and at the same time to pay the plaintiff the ownership transfer registration procedure for the land of this case.
3. Judgment on the defendant's assertion
A. The defendant's assertion that the sales contract of this case was cancelled for the following reasons, and thus, the defendant cannot accept the plaintiff's claim.
1. This.