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1. The defendant shall receive KRW 505,000,000 from the plaintiff, and at the same time real estate stated in the separate sheet to the plaintiff.
Reasons
1. Facts of recognition;
A. On February 6, 2015, the Plaintiff entered into a contract with the Defendant’s husband C, who represented the Defendant, to purchase the instant real estate at KRW 550 million (the contract amounting to KRW 45 million on the date of the contract, and the remainder of KRW 50 million on March 10, 2015) (hereinafter “instant sales contract”).
B. On February 6, 2015, the Plaintiff paid a down payment of KRW 45 million to the Defendant according to the instant sales contract.
C. On February 7, 2017, the Plaintiff deposited the remainder of KRW 50 million with the Defendant as the principal deposit account under the Ulsan District Court No. 336, U.S. District Court Decision 2017, supra.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1 to 4, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay KRW 5 million from the Plaintiff as sought by the Plaintiff according to the instant sales contract, and to implement the registration procedure for transfer of ownership on February 6, 2015 with respect to the instant real estate at the same time as the Plaintiff received KRW 5 million from the Plaintiff, as sought by the Plaintiff, except in extenuating circumstances.
B. The defendant's defense of cancellation 1) The defendant set up that the sales contract of this case was lawfully rescinded due to the defendant's declaration of cancellation on the ground that the plaintiff's obligation to pay the balance was not fulfilled. 2) The person who intends to cancel the contract on the ground of the other party's non-performance in a bilateral contract with simultaneous performance relationship shall provide the other party with the performance of his/her obligation, and if the other party's act is necessary in performing his/her obligation, he/she shall complete the preparation for performance at any time, notify the other party of his/her intention to receive it.