Text
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. On April 10, 2017, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendants on April 10, 2017 (hereinafter “instant sale”) and there is no dispute between the parties. Therefore, the Defendants are obligated to implement the procedure for the registration of ownership transfer for the instant real estate to the Plaintiff on the same day.
The Plaintiff’s share in the instant real estate that the Plaintiff sought against the Defendants and the amount of the remaining purchase price deposited by the Plaintiff to the Defendants does not completely coincide with the contents of the sales contract, but appears not to be against the Defendants, and thereby recognizing this part of the Plaintiff’s assertion as it is.
2. The Defendants asserted as to the Defendants’ assertion that “The Plaintiff notified the payment of the balance due to the Plaintiff’s failure to pay the balance on the outstanding payment date, but failed to do so on November 20, 2017, and thus, the Plaintiff’s claim cannot be complied with, and the Plaintiff accepted or ratified the establishment of the right to collateral security on the instant real estate.”
In full view of the purport of the entire argument in the statement No. 1 of the evidence No. 1, the fact that the Plaintiff failed to pay the remaining purchase and sale price of the instant case at the due date, and that the Defendants expressed their intent to cancel the instant sales contract around November 20, 2017 is recognized.
However, according to the evidence No. 1, this case's sales contract recognizes the fact that the buyer's obligation to pay the remainder and the seller's obligation to deliver the registration of transfer of ownership to the Defendants, the seller, are in the simultaneous performance relationship. In such a case, in order for the seller to erase the seller's delayed responsibility, the fact that the buyer did not pay the remainder at the due date is insufficient, and the seller prepares all the documents necessary for the application for the registration of transfer of ownership