1. The defendant shall register each provisional disposition on the land size of 287 square meters in the separate sheet from the plaintiff with regard to the land size of 287 square meters in Yeongdeungpo-gun, Chungcheongnam-gun

1. Around June 1, 2016, the Plaintiff entered into a sales contract with the Defendant with the content that the Plaintiff sold KRW 165,000,000 for the purchase price as to the instant housing with respect to the 287 square meters of land (hereinafter “instant site”) and the 28.9 square meters of land, other steel structure, and other roof-to-land single-story detached housing (hereinafter “instant housing”).

On June 1, 2016, the Defendant paid KRW 27,000,000 as down payment and KRW 3,000,000 on July 20, 2016.

On July 21, 2016, the Plaintiff completed the registration of ownership transfer for the instant land and housing to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 through 6, the purport of the whole pleadings

2. Determination

A. Where a real estate sales contract is concluded, the seller's obligation to transfer ownership, the duty of delivery, and the buyer's obligation to pay the remainder of the purchase price are in principle in the relationship of simultaneous performance. In this case, barring any special circumstance, the seller is obligated to complete ownership transfer registration, such as "no limitation or burden," and where real estate for sale is registered as superficies creation registration, establishment registration of neighboring mortgage, provisional disposition registration, etc., the seller shall also cancel such registration and complete

(B) Supreme Court Decision 91Da6368 delivered on September 10, 1991, Supreme Court Decision 98Da13754, 13761 delivered on July 9, 199, Supreme Court Decision 91Da23103 delivered on November 26, 199, etc.)

Therefore, the Defendant is obliged to pay the Plaintiff KRW 138,00,000 (=165,000,000 - 27,000,000) at the same time upon receiving each of the provisional disposition registration, the registration of establishment of a neighboring mortgage and the registration of cancellation of superficies as to the site of this case as stated in the separate sheet established by the Defendant.

(No separate restrictions or burdens are set on the housing of this case).

As to this, the Defendant held that the instant land and the instant housing were trusted in title to the Plaintiff by D, and that the instant sales contract was concluded.