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(영문) 부산고등법원 2019.06.20 2018나56407
소유권이전등기
Text

1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons for the court’s explanation concerning this case are as follows. The defendant’s defense of rescission of a contract, which the court newly adopted, is identical to the reasons for the judgment of the court of first instance, except for adding the following judgment as to the defense of rescission of contract, which the defendant newly established in this court, pursuant to the main sentence of Article 420 of the Civil Procedure Act.

The term "the content certification of this case" shall be written in a lump sum with "the content certification mail dated May 31, 2017".

2. The further determination of this Court

A. On March 15, 2019, the Defendant notified the Plaintiff that he/she kept the documents related to the registration of ownership transfer and notified the Plaintiff to pay the remainder by March 29, 2019, and provided a conditional declaration of intent to cancel the sales contract at the time of the above date. Since the Plaintiff failed to pay the remainder by the above date, the instant secondary sales contract was rescinded.

B. In the case of a real estate sales contract which is a bilateral contract of the relevant legal doctrine, barring any special circumstance, the buyer’s obligation to pay the remainder and the seller’s obligation to deliver the certificate of ownership transfer registration are concurrently performed.

In such cases, the fact that the buyer fails to pay the remainder on the date of performance alone is insufficient in order to cancel the sales contract for the buyer's delayed liability, and in principle, the seller is required to prepare all documents necessary for the application for registration of transfer of ownership and provide them by notifying the other party of the receipt thereof, and the buyer has notified the other party of the performance of the other party's obligation within a reasonable period of time and has not complied with it.

However, regardless of whether the buyer prepares or provides the remainder of the purchase price, the seller is obliged to complete the required documents to the extent that the ownership transfer registration is possible in a lump sum and to provide the buyer with the real estate.

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