The extent of provision of a debt to the buyer by the seller of the real estate registered for the creation of a mortgage

The seller of the real estate at which the establishment registration of a mortgage is completed shall register the establishment of such mortgage.

Preparation of a certificate of satisfaction of the mortgaged debt without preparation of documents necessary for registration procedures for cancellation;

only to the extent that the establishment registration was cancelled, the provision of or the preparation for the

As such, documents necessary to carry out the procedure for registration of cancellation shall not be deemed to have been prepared.

There is no room for the cancellation of the contract with the seller on the ground of the payment of the pre-payment.

Article 544 of the Civil Act

Kim Yong-san

Park Chang-sil

Seoul High Court Decision 64Na885 decided May 27, 1965

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

As to the ground of appeal No. 1 by Defendant 1, as to the ground of appeal by Defendant 1, there is no dispute between the parties since the court below's decision that there was an agreement that the real estate of Do-9 lots was for the purpose of sale and purchase, and only a part of the subject matter cannot be transferred to rights or terminated of a contract, among the subject matter, was obvious by the pleading protocol on May 6, 1965

As to the grounds of appeal Nos. 2 and 3

In order to be liable for the other party's non-performance of a bilateral contract for simultaneous performance, it is necessary for the other party to provide his/her own debt and to notify the other party to perform the other party's obligation. If the seller of real estate, which is the object of sale at which the establishment of a mortgage is registered, intends to provide the performance of his/her obligation, he/she must prepare all documents necessary for the procedure of registration of cancellation of the establishment of a mortgage. Thus, the preparation of a certificate of repayment of mortgage obligation cannot be deemed as having provided or prepared for the procedure of registration of cancellation of the establishment of a mortgage. Thus, the judgment of the court below that the defendant cannot cancel the contract because there is a delay of payment of remaining amount to the plaintiff without preparing documents necessary for the execution of the procedure for registration of cancellation of the registration of cancellation. Thus, as described above, unless it is acknowledged that there is an agreement between the parties to the contract to cancel the sale at issue, the defendant's intention to cancel the sale at issue cannot be effective against the whole object of sale of the unregistered building, and therefore it is therefore without merit.

Therefore, according to Articles 400, 395, and 384 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.

The judges of the Supreme Court, the two judges of the two judges of the Supreme Court (Presiding Judge)