1. The defendant shall receive KRW 187,00,000 from the plaintiff, and at the same time, shall apply to the real estate stated in the attached sheet from the plaintiff.

1. On October 30, 2019, the Plaintiff entered into a contract with the Defendant to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) with a down payment of KRW 26 million (payment date: October 30, 2019), intermediate payment of KRW 50 million (payment date: November 30, 2019) and the remainder of KRW 187 million (payment date: March 31, 2020), a total of KRW 263 million (hereinafter “instant sales contract”). Under the instant sales contract, there is no dispute between the parties that each of the parties concerned has paid KRW 26 million as the down payment date, and the intermediate payment of KRW 50 million as of November 30, 2019.

Therefore, barring any special circumstance, the Defendant is obligated to take the procedure for the registration of ownership transfer with respect to the instant real estate at the same time to receive the remainder of KRW 187 million from the Plaintiff (i.e., purchase price of KRW 263 million - down payment of KRW 266 million - intermediate payment of KRW 50 million), and at the same time to obtain payment from the Plaintiff.

2. Judgment on the defendant's assertion

A. The defendant asserts that the sales contract of this case was rescinded due to the plaintiff's delay of performance because the plaintiff did not pay the balance to the defendant upon the plaintiff's request for change of buyer's name.

B. Determination 1) Under a real estate sales contract, there is no cause for delay of the buyer’s performance when both parties are in a simultaneous performance relationship with the seller’s obligation to perform the procedure for the transfer of ownership and the buyer’s obligation to pay the remaining purchase price. In order for the seller to make the buyer a delay of performance, the seller shall provide the documents, etc. necessary for the registration of transfer of ownership, or prepare the documents, etc. at the place of performance and notify the buyer of the purport thereof (see, e.g., Supreme Court Decisions 93Da777, Dec. 28, 1993; 96Da17738, Jul. 30, 1996). The entire pleadings are written in each of the following items: (a) the seller shall prepare the documents, etc. necessary for the registration of transfer of ownership and demand the buyer to receive the documents, etc. at the place of performance, and (b) the buyer shall be notified.