1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The court's explanation on this part of the basic facts is the same as the part of "1. Recognizing facts" as the reasoning of the judgment of the court of first instance. Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion and judgment

A. 1) The Plaintiff had the obligation to implement the procedure for the registration of ownership transfer under the condition that the Plaintiff had no limited real right, such as the right to collateral security, on the instant land, but the registration of the right to claim ownership transfer was completed after cancelling the registration of the establishment of a neighboring mortgage on the instant land. Therefore, since the instant sales contract was virtually impossible to achieve its purpose due to the Defendant’s cause attributable to the Defendant, the Plaintiff’s claim for the cancellation of the instant sales contract and the refund of the purchase price of KRW 30,000,000,000,000,000,000,000,000, which was paid to the original state, was sought. 2) If the Plaintiff paid the remainder of the purchase price to the Plaintiff, the Defendant could have cancelled the registration of ownership transfer and completed the registration of ownership transfer. The Defendant stated documents, such as seal impression, identification card, etc. necessary for the cancellation of the registration of ownership transfer, and did not prepare any balance from the Plaintiff’s side.

B. 1) Where a person liable for the registration of ownership transfer of real estate has completed provisional registration on the real estate, provisional registration is merely the effect of preserving the order of priority in the principal registration, and the person liable for the registration of ownership transfer is not deprived of his/her disposal authority (see, e.g., Supreme Court Decision 91Da8104, Jul. 26, 191). Thus, the provisional registration alone cannot be deemed an impossible performance of the obligation to register ownership transfer (see, e.g., Supreme Court Decision 91Da8104, Jul. 26, 1991).