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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the addition of the judgment below to the defendant's new argument in the trial of the court of first instance, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure
2. Additional determination
A. Since the Defendant’s obligation to transfer the ownership of the instant real estate to the Plaintiff was not fulfilled, the first instance court asserted that the Plaintiff could not rescind the instant sales contract, 1) held that the Defendant’s first instance court failed to perform the obligation to transfer the ownership of the instant real estate by completing the ownership transfer registration of the instant real estate to F on June 12, 2013 after the Defendant entered into the instant sales contract with the Plaintiff on the instant real estate. However, the Defendant’s title trust of the instant real estate to F, thereby recovering the ownership of the instant real estate and completing the ownership transfer registration to the Plaintiff on the ground that the instant sales contract was impossible. Accordingly, even if the instant sales contract was concluded in the name of a third party after the Defendant’s failure to perform the obligation to transfer the ownership of the instant real estate, if the seller and the third party entered into an agreement between the seller and the third party, and if there is no special circumstance to determine the ownership transfer registration procedure for the subject-matter’s failure to perform the obligation to transfer ownership from the buyer.
(See Supreme Court Decision 88Meu3176 delivered on September 12, 1989). Meanwhile, a person registered as an owner of a real estate is presumed to have acquired the ownership through legitimate procedures and causes. Therefore, the person is presumed to have acquired the ownership.