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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On October 7, 2019, the Plaintiff sold to the Defendant KRW 60,000,000,000, the land of this case (hereinafter “instant land”).
hereinafter referred to as "the sales contract of this case"
(B) On October 21, 2019, the Defendant paid KRW 20,000,000 to the Plaintiff out of the above purchase price. (c) On October 22, 2019, the Plaintiff completed the registration of transfer of ownership on the land of this case to the Defendant on October 7, 2019, as the receipt No. 398417, Oct. 22, 2019, pursuant to the Incheon District Court Decision 398417, Oct. 22, 2019.
2. The Plaintiff, upon the Defendant’s request, received only KRW 20,000,000 out of the sales contract price, and completed the registration of ownership transfer for the instant land to the Defendant without paying the remainder.
However, since the Defendant did not pay the remainder under the instant sales contract, the Plaintiff rescinded the instant sales contract on January 3, 2020.
Therefore, the Defendant is obligated to implement the procedure for cancellation registration of the ownership transfer registration completed with respect to the instant real estate to the Plaintiff.
3. Determination
A. We examine whether the Defendant failed to perform its obligation to pay the remainder under the instant sales contract.
B. The evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant did not perform its obligation under the instant sales contract.
C. Rather, it is reasonable to view that the Defendant’s obligation under the instant sales contract was fully fulfilled, in full view of the following circumstances, which are acknowledged by adding the overall purport of the pleadings to the respective descriptions of evidence Nos. 3, and Nos. 1 through 5.
1) The Defendant remitted to the Plaintiff KRW 20,000,000 on October 10, 2019, and KRW 20,000,000 on October 22, 2019, respectively. 2) The Plaintiff and the Defendant, at the time of the instant sales contract, “part of the sales amount,” as at the time of the instant sales contract, shall be the remainder of the amount of KRW 20,00,000,000 incurred at the time of establishment of easements between the Parties.