1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Basic Facts

The reasoning for this part of this Court is that the corresponding part of the reasoning of the first instance judgment is identical to that of the corresponding part of the reasoning of the first instance judgment, except for the dismissal under section 3(d) of the first instance judgment as follows.

The Plaintiff, through the service of the duplicate of the instant complaint, filed a claim for sale of each of the instant real estate with the Defendants, and the duplicate of the instant complaint reached the Defendants on July 4, 2016.

The Defendants asserted that the part against the Defendants seeking cancellation of each of the above registrations should be dismissed as an unlawful lawsuit against a non-party-qualified person, since they were not responsible for the registration of restriction on rights listed in the separate sheet No. 4.

In this respect, the defendants' defense of principal safety is without merit in the following point.

① On July 4, 2016, upon the Plaintiff’s exercise of the right to demand sale, a sales contract for each of the instant real estate was concluded with the Defendants.

Meanwhile, barring special circumstances, such as the seller's duty of cancellation of collateral security, obligation of registration of transfer of ownership and obligation of buyer for payment of remaining amount of purchase and sale are related to simultaneous performance, unless there are special circumstances, such as a special agreement that the purchaser takes over the secured obligation of collateral security and deducts the amount of the debt from the purchase and sale balance.

(2) The Plaintiff does not directly seek the cancellation of the registration of restriction on rights (see, e.g., Supreme Court Decision 91Da23103, Nov. 26, 1991). The Plaintiff seeks not directly seek the cancellation of the registration of restriction on rights (see, e.g., Supreme Court Decision 91Da23103, Nov. 26, 1991) but, at the same time, seeking

Therefore, the defendants are qualified to be the defendant in the lawsuit of this case.

The judgment of the defendants as to the cause of the claim shall be implemented with respect to the ownership transfer registration procedure.