Whether making a judicial clerk prepare and keep a document required for registration of transfer except for a certificate of seal imprint is a real provision.

In the event that the buyer fails to pay the purchase price within the due date, even if the seller does not prepare a certificate of seal impression, it cannot be deemed that the seller offered the real estate, and therefore, the seller has the right of cancellation and the right of compensation for damages arising from the delay of buyer's performance.

Article 533 of the former Civil Code

Plaintiff

Defendant

Seoul High Court Decision 4290No2822)

The original judgment shall be revoked.

The defendant shall pay to the plaintiff an amount of 1,070,000 won with an annual amount of 5% up to the full payment of this Gangseo-do on December 14, 290.

Litigation costs shall be borne by the defendant in the first and second trials.

The plaintiff's agent is seeking a judgment in the same place of order, and the defendant's agent is seeking a judgment on dismissal of prosecution and the cost of public prosecution.

The summary of the actual statement and the method of evidence of both parties in the bilateral contract as to the plaintiff's representative, if the payment of the price in relation to simultaneous performance and the date of the execution of the procedure for registration of transfer of ownership are postponed by agreement, it shall be deemed that the bilateral contract in relation to simultaneous performance as before. In this case, the payment date of the remaining price shall be 42.5.12 and the registration of transfer of ownership of the same real estate shall be simultaneously implemented. The fact that the payment date of the remaining price is apparent by the entry in the contract for sale and purchase of evidence No. 1 and the delayed payment date of the remaining price shall be 6.12 of the same year, and there is no dispute between the plaintiff and the defendant. The agreement that the other party will have to perform his duty first, but the plaintiff will not be able to pay the remaining price on the first 0-day date, and the plaintiff will not be able to make up the contract deposit and other real estate at the same time after the expiration of the contract.

The plaintiff's sales contract was concluded on the non-party 2's land and building located in Jongno-gu Seoul Metropolitan Government No. 160, and the defendant received 1,070,000 money on the day of the purchase and sale contract by the non-party 2 for the non-party 1's non-party 2's non-party 2's non-party 1's non-party 2's non-party 2's non-party 1's non-party 2's non-party 2's non-party 2's non-party 1's non-party 4's non-party 2's non-party 2's non-party 2's non-party 1's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 1's non-party 2's non-party 2's non-party 3's non-party 2's non-party 1's non-party 2's counter-party 2's counter-party 2's.

If it is true whether the plaintiff's main claim should be accepted immediately, but the dismissal of the main claim should be based on the original judgment. Therefore, the judgment is rendered in accordance with Articles 386, 96, and 89 of the Civil Procedure Act.

For the purpose of judge leapsing (Presiding Judge)