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The judgment below
The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. In order to make the litigation relations clear within the scope not contrary to the principle of pleading, the court shall, if possible, faithfully deliberate on the case so that the parties concerned may adequately exercise the right to command the litigation, such as the right to ask questions as to the matters of law or to urge verification, so that the substantive truth can be discovered and the dispute can be settled effectively;
(1) In a case where the parties to a claim intend to determine the propriety of the claim on the ground of a legal point of view, in which it is clear or unreasonable that the parties did not prove due to negligence or misunderstanding, or where the parties to a claim do so with respect to the matter to be the issue, the court shall request the parties to explain and urge them to provide proof. If the court seeks to determine the propriety of the claim on the ground of a legal point of view, in which the parties were not aware of or have not anticipated, the court shall give the parties an opportunity to state their opinions regarding such legal point of view
As such, the court committed an error that did not perform its duty of explanation and did not properly conduct a trial (see, e.g., Supreme Court Decision 2006Da50338, Sept. 11, 2008). In a bilateral contract, if a strict provision of performance of one party’s own obligation is required in a bilateral contract, it may rather be deemed that a party would have made a mistake against the principle of trust and good faith, depending on the time and details of the provision. Therefore, the extent of provision to which one party ought to provide should be reasonably determined so that it does not go against the principle of trust and good faith.
Therefore, if the buyer fails to prepare for the receipt of the ownership transfer registration document because he/she does not prepare for the payment of the remaining price, the seller will also prepare for the corresponding implementation.