The judgment below is reversed, and the case is remanded to Daejeon District Court Panel Division.

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the lower court acknowledged the circumstances as indicated in its reasoning by comprehensively taking account of the adopted evidence, and determined that the Defendant granted a comprehensive power of representation, etc. to dispose of the instant sales right to another person to the broker delegated by C or C, and that the Plaintiff purchased the instant sales right from the Defendant through the broker granted the said power of representation, etc.

Furthermore, the lower court determined that the Defendant was liable to implement the procedure for the registration of ownership transfer concerning the instant apartment, barring special circumstances, if the Defendant acquired the ownership of the instant apartment in full at its own expense and acquired the ownership of the instant apartment between the Plaintiff and the process for changing the name of the buyer in the future of the Plaintiff.

Examining the records in light of the relevant legal principles, the above determination by the court below is just and acceptable, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal nature of legal act, or by failing to exhaust all necessary deliberations.

2. Plaintiff’s ground of appeal

A. Examining the record in light of the relevant legal principles as to No. 1 of the ground of appeal, the lower court is justifiable to have determined that the Defendant’s obligation to transfer ownership and the Plaintiff’s obligation to pay the purchase price to the apartment of this case is concurrently

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on simultaneous performance relationship.

B. If the seller of the second place of appeal fails to cancel the registration of the establishment of a neighboring mortgage on the subject matter of sale, the buyer may refuse to pay the purchase price to the extent of risk, and further, the seller shall be subject to the right to collateral security from the purchase price.