Responsibility for delay of payment and simultaneous performance of the intermediate payment not paid by the date of payment of the remainder;

When the date has passed without providing the documents required for the registration of ownership transfer of the seller in a simultaneous performance relationship with the remaining payment without payment of part of the intermediate payment and the remaining payment at the due date of the payment, the buyer's provision of documents required for the registration of ownership transfer of the seller is in a simultaneous performance relationship with the payment of the part of the intermediate payment and the remainder. At that time, the buyer is not liable for the delay of payment of the part of the intermediate payment.

Article 536 of the Civil Act

Supreme Court Decision 70Da344 Delivered on May 12, 1970

Attorney Park Jae-sik, et al., Counsel for the plaintiff 1 and 3 others, Counsel for the plaintiff-appellant.

Defendant’s Attorney Lee Jae-soo

Seoul High Court Decision 79Na163 delivered on December 27, 1979

The original judgment is reversed, and the case is remanded to Seoul High Court.

The plaintiffs' grounds of appeal Nos. 1 and 2 are examined together.

According to the reasoning of the judgment of the court below, since the deceased's non-party shall pay only 1,250,000 won out of the agreed intermediate payment as agreed upon on November 8, 1977 to the defendant, and the remaining amount of 200,000 won shall not be paid even after the lapse of the 15th day of the same month, which is the due date, and the remaining amount shall not be paid at November 25, 197. However, the defendant notified the above non-party to pay the above balance of intermediate payment to the above non-party to the seller until January 2, 1978, and the above non-party to whom the above non-party would not pay the above contract without the other party's declaration of intention, and the defendant's claim that the above non-party's contract was cancelled with the above non-party 2's obligation to cancel the contract and the intermediate payment to the non-party 10,500,000 won, which was already received by him to the above non-party 10, as the above contract.

On the other hand, as stated in the above holding, part of the intermediate payment is paid without being paid on November 15, 197, the due date for the above intermediate payment and its remainder payment due to the required documents and reimbursement for ownership transfer registration of this case on November 25, 1977, and until then the above non-party did not pay part of the intermediate payment which was not paid by the above non-party who was the purchaser until then, and the defendant as the seller did not provide the documents required for ownership transfer registration, the above non-party's payment of part of intermediate payment and remainder payment and the defendant's provision of documents required for ownership transfer registration are in concurrent performance relations. Since the above deceased shall not be liable for delay in payment of part of the intermediate payment and the above part of the intermediate payment, and thus, if the defendant intends to cancel the above sales contract, he cannot offer the above legal principles as to the above non-party's obligation transfer registration without the peremptory notice to the above non-party's payment of the part of intermediate payment or remainder payment without the above contract's expiration of the ownership transfer registration, the above.

Therefore, the original judgment is reversed, and the case is remanded to the Seoul High Court, which is the original judgment, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-chul (Presiding Justice)