1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1-2, 4-1, 4-5, Eul evidence No. 1, 3, and 4.

The instant land is owned by the Defendant, and 415 square meters in Ulsan-gun, Ulsan-gun (hereinafter “instant land”) are owned by the Defendant, and 48.6 square meters in one-story roof of asbestos slate structure on the ground (hereinafter “instant housing”) are unregistered buildings, which are owned by the Defendant’s mother under the building ledger.

B. On October 10, 2013, the Plaintiff entered into a sales contract with the Defendant for the instant land and housing amounting to KRW 80 million (hereinafter “instant sales contract”) and paid KRW 20 million to the Defendant on November 22, 2013 on the date of the contract, the remainder of KRW 60 million on the date of the contract, and the date of the contract. In the event of a breach of contract, the Defendant would compensate for a double amount of the down payment, and the Plaintiff would lose the right to claim the return of the down payment, and paid the down payment to the Defendant KRW 20 million on the same day.

C. On December 4, 2013 and December 16, 2013, the Plaintiff demanded the Defendant to perform the procedure for the registration of ownership transfer regarding the instant land and housing, but the Defendant failed to perform such procedure, and the Plaintiff expressed his/her intent to cancel the instant sales contract by serving the duplicate of the complaint in the instant case.

Meanwhile, the Defendant demanded the Plaintiff to pay the remainder on December 2, 2013 and December 12, 2013, but the Defendant refused to pay the remainder when requesting the registration of ownership transfer of the instant housing, and notified the Plaintiff of the cancellation of the instant sales contract on December 23, 2013.

2. The plaintiff's assertion and judgment thereon

A. The Plaintiff did not perform the obligation to complete the registration of ownership transfer in the Plaintiff’s future at the same time with the payment of the remainder of the instant housing in accordance with the instant sales contract.