1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On July 10, 2014, the Plaintiff sold C Apartment 112,503 (hereinafter “instant apartment”) to the Defendant for the purchase price of KRW 109,000,000, and received the down payment of KRW 3,000,000 from the Defendant on the date of the contract, and the remainder of KRW 106,00,000 on September 12, 2014, the Plaintiff agreed to deliver documents necessary for the registration of ownership transfer to the Defendant and deliver the instant apartment (hereinafter “instant sales contract”).

In addition, the plaintiff and the defendant agreed to cancel the registration of the establishment of the neighboring apartment of this case with the maximum debt amount of 344,500,000 won and the amount of 90,000,000 won out of the remainder of the registration of the establishment of the neighboring mortgage as the central credit union for the mortgagee of the right to collateral security.

B. The Defendant resided in the instant apartment from September 12, 2014.

C. The Plaintiff filed a lawsuit against the Defendant by asserting that the instant sales contract was rescinded on the grounds of the remainder payment of the Defendant’s remainder as the District Court Decision 2014Da42325, and that the instant apartment was rescinded. As to this, the Defendant filed a counterclaim against the Plaintiff to seek the ownership transfer registration procedure for the instant apartment under the 2015dadan20520, and the Plaintiff’s claim for the principal lawsuit was dismissed on September 1, 2015, and the Defendant’s counterclaim was cited.

The Plaintiff appealed against the above principal lawsuit and counterclaim as the District Court 2015Na12124 (principal lawsuit), 2015Na12131 (Counterclaim), but the Plaintiff was entirely dismissed on June 2, 2016 on the ground that the Defendant could not be deemed to have delayed payment obligations because the documents necessary for the registration of ownership transfer of the instant apartment pursuant to the instant sales contract were not delivered to the Defendant, and the said judgment became final and conclusive on June 23, 2016.

The defendant completed the registration of ownership transfer on July 12, 2016 with respect to the apartment of this case.

The defendant is against the Central Credit Union on September 22, 2016.