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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. Determination on the claim for cancellation of registration of ownership transfer
A. On March 27, 2009, the Plaintiff entered into a sales contract with the Defendant on May 12, 2009 (hereinafter “the instant sales contract”) by setting the price of KRW 20 million, and the payment date on May 12, 2009 (hereinafter “the instant sales contract”), and completed the registration of transfer of ownership of the instant land to the Defendant on June 19, 2009. However, on the said payment date, the Defendant received the refund of KRW 20,000,000 from the Plaintiff’s account in the name of the Plaintiff, and then did not pay the price yet. The Plaintiff asserted that the instant sales contract was cancelled on the grounds of the delay in payment of the purchase price, and filed for the cancellation of the ownership transfer registration as to the instant land.
On May 12, 2009, the Defendant paid the Plaintiff the purchase price of KRW 20,000,000 to the Plaintiff. On the same day, the Plaintiff received KRW 20,000,000 from the Plaintiff on the same day is a defense that the Plaintiff received the road opening facilities, which the Plaintiff promised to purchase and develop the Gu-si Seoul-si Land jointly with the Defendant, and agreed to share with the Defendant.
B. According to the evidence No. 1-2, No. 1-2, No. 2, No. 2, No. 3,5, and No. 23, No. 28, and No. 29, each of the statements No. 1-28, and No. 29, and each of the statements No. 1-28 and No. 29, and the response results and all of the arguments against the first instance court and the first instance court’s high-level government agricultural cooperative branch offices, the following facts are acknowledged: (i) the Plaintiff and the Defendant entered into the instant sales contract; (ii) the ownership transfer registration for the instant land was completed on March 27, 2009 under the Defendant’s name on May 12, 200; (iii) the Defendant deposited No. 20,000,000 won with the Plaintiff’s agricultural cooperative account (D) on May 16, 200, and (iv) the Plaintiff issued a cashier’s check to the Defendant.
First, as to whether the Defendant paid the purchase price to the Plaintiff, the foregoing provision is applicable.