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1. The plaintiff's appeal is dismissed.
2. Upon the plaintiff's conjunctive claim added at the trial, the defendant.
Reasons
1. The reasons why this court should explain this part of the judgment concerning the basic facts and the primary claims are the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The judgment on the conjunctive claim was examined, and the plaintiff's purchase of the real estate of this case from the defendant was known, and the buyer did not pay the intermediate payment obligated to perform.
Even if the contract was not rescinded and the date was set without payment of the intermediate payment and the remainder of the contract’s transfer registration required for the seller’s transfer of ownership in the simultaneous performance relationship with the remainder payment, barring any special circumstance, barring any special circumstance, the buyer’s payment of the intermediate payment and the remainder payment and the seller’s provision of documents required for the transfer registration of ownership is in a simultaneous performance relationship (see Supreme Court Decision 2000Da577, Mar. 29, 2002). As of the arrival of December 22, 2012, the remaining payment date of the instant sale, the Plaintiff’s obligation to pay the remainder and the Defendant’s obligation to provide documents required for the transfer registration of ownership are in a simultaneous performance relationship.
I would like to say.
Therefore, at the same time, the Defendant is obliged to pay the remainder KRW 100 million to the Plaintiff with respect to the instant real estate upon receipt of the payment from the Plaintiff.
3. In conclusion, the plaintiff's main claim of this case is dismissed as it is without merit, and it is reasonable to accept the main claim added in the trial. The judgment of the court of first instance that dismissed the plaintiff's main claim is just, and the plaintiff's appeal is dismissed and the plaintiff's supplementary claim added in the trial is accepted. It is so decided as per Disposition.