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1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.
2. Costs arising from an appeal and an incidental appeal shall be respectively.
Reasons
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance (from No. 6 to No. 14 of the judgment of the court of first instance). Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.
2. Judgment on the plaintiff's claim
A. In the event that a seller who bears an obligation to transfer the ownership of a real estate has registered the transfer of ownership to another person with respect to such real estate, it is reasonable to deem that the seller becomes unable to perform the seller’s obligation to transfer the ownership to the buyer, unless there are special circumstances making it possible for the seller to restore the registration of ownership of such real estate to transfer
However, according to the above facts and evidence, the sales contract between C and the defendant on May 31, 2005 for the above 11th 302 as of May 31, 2005 between C and the defendant lost the right to the above 11th 302 as of the second 302 as of August 2006, and the registration of preservation of ownership as to the above 11th 302 has been completed to others than C.
(A) The above sales contract was duly rescinded by the Defendant’s restoration of the registration of ownership of the said 11th 302 and transfer of ownership of said 11th 302 to C. In addition, according to the evidence, etc. as seen earlier, in subrogation of C, the Plaintiff, who is the obligee of the above 126,125,000 won of the transfer of ownership of said 11th 302, on the part of C, who is the obligee of the above 126,125,000 won of the above 11th 302, on the ground of nonperformance due to the Defendant’s fault due to the obligee’s insolvency.
(On the other hand, the defendant's assertion to the effect that there is a lack of evidence to acknowledge C as insolvent. Therefore, the defendant is the plaintiff's restitution following the cancellation of the above sales contract.