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The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
1. After fact-finding and legal determination as follows, the lower court acknowledged that the Defendant, while receiving the amount of the judgment from the Plaintiff, had the obligation to implement the procedure for ownership transfer registration based on sale and deliver each real estate in a state where no limitation of rights is imposed on the first real estate of this case.
The Defendant sold the instant real estate No. 1 to the Plaintiff around August 20, 2010.
B. As of March 6, 2017, the amount of the purchase price that the Plaintiff is liable to pay to the Defendant is determined by adding 4.8 billion won to the arithmetic mean of the market price assessed by requesting an appraisal by the Plaintiff and the Defendant respectively.
C. Since each limitation of right was established on the real estate No. 1 of this case, the defendant is obligated to pay the remaining purchase price to the plaintiff at the same time to the plaintiff with respect to the real estate No. 1 of this case without any limitation of right of this case.
The remaining payment date under the instant sales contract is June 30, 201. The Defendant, who is obligated to perform procedures for the registration of transfer of ownership in the simultaneous performance relationship with the Plaintiff’s obligation to pay the remainder, is unable to be deemed to have provided the same performance as the buyer notified the Plaintiff of the fact by obtaining documents, etc. necessary for the cancellation of the registration of restriction on rights from the respective persons entitled to registration on the remaining payment date, or preparing the documents, etc. at the place of performance and demanding payment to be received. Thus, the Plaintiff is liable to pay the unpaid down payment and intermediate payment under the instant sales contract only for the period from the date following the respective payment date until the date immediately preceding the outstanding payment date.
E. The evidence submitted by the Defendant, such as a written confirmation (Evidence No. 9) is alone attached to the Plaintiff.
(b).