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1. At the same time, the Defendant received KRW 212,50,000 from the Plaintiff, and at the same time, written in attached Tables 2 and 3 to the Plaintiff.
Reasons
1. Basic facts
A. On January 13, 2016, the Plaintiff concluded a sales contract with the Defendant to pay each of the lands listed in the separate sheet owned by the Defendant (hereinafter “each of the instant lands”) from the Defendant to KRW 512,550,000, but the down payment of KRW 100,000 on the date of the contract, the intermediate payment of KRW 200,000 on January 14, 2016, and the remainder of KRW 212,50,000 on January 20, 2016.
(hereinafter “instant sales contract”). B.
As the special terms of the instant sales contract, the Defendant, at the same time upon the receipt of intermediate payment, cancelled the registration of creation of each of the adjoining mortgage banks, Busan District Court, Busan District Court, which completed the No. 62464 and No. 6245 on May 14, 2014 (hereinafter “each of the instant mortgage registration”), and agreed to remove each of the instant lands before the remainder payment date.
C. Accordingly, the Plaintiff paid the down payment and intermediate payment under the instant sales contract to the Defendant.
On the other hand, among each land of this case, each land listed in the separate sheet Nos. 2 and (3) of the separate sheet Nos. 62463, the registration of creation of superficies of Busan Bank Co., Ltd. (hereinafter “each of the superficies registration of this case”) was completed as of May 14, 2014.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including a provisional number; hereinafter the same shall apply), Eul evidence 2, the purport of the whole pleadings
2. Where a contract for the sale of real estate to determine the cause of a claim is concluded, a seller is obligated to transfer ownership without any restriction or burden, barring any special circumstance, and where a superficies is established on real estate for the purpose of sale, a seller shall cancel such registration and complete the registration of ownership transfer;
(see, e.g., Supreme Court Decision 91Da6368, Sept. 10, 1991). Therefore, the above facts are recognized.