Whether legitimate performance has been made where only documents concerning registration of transfer of ownership have been provided without providing documents necessary for registration of change of address.

Where the indication of a person liable for registration, such as his/her address, is changed after the registration is made, a new registration of transfer cannot be made unless the change of the indication of a person liable for registration is made. Since the change of the indication of a person liable for registration is made at the request of the person liable for registration, where the owner of the real estate whose address is changed after the registration and agrees to receive the payment of the remainder due to the execution and redemption of the procedure for registration of transfer of ownership, if the seller gives the buyer only the documents necessary for the registration of transfer without providing the buyer with a notice to pay the remainder

Article 586 of the Civil Act

Plaintiff 1 and one other

Defendant 1 and two others

Seoul High Court Decision 85Na1817 delivered on October 20, 1986

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

The Plaintiff’s attorney’s ground of appeal is examined.

Where the indication of a person liable for registration is changed after the registration is made, a new registration of transfer cannot be made unless the change of the indication of a person liable for registration is made, and since the change of the indication of a person liable for registration is made by the application of the person liable for registration, where the owner of the real estate whose address is changed after the registration and agrees to be paid the remainder of the sale with the buyer as a result of the execution and redemption of the procedure for registration of transfer of ownership, if the seller provides only the documents necessary for the registration of transfer without providing the buyer with the notice for the payment of the remainder of the purchase

According to the reasoning of the judgment below, the court below determined that the plaintiffs sold the building and its site owned by the plaintiffs to defendant 1 on September 7, 1983, and agreed to receive the payment of the remaining amount at the same time as the procedure for the registration of ownership transfer; the plaintiffs' address changed after the plaintiffs made a registration of ownership transfer on each of the above real estate; and the documents offered to the same defendant by the plaintiffs demanding payment of 16,600,000 won to defendant 1 after the plaintiffs made a registration of ownership transfer; the documents related to the registration of ownership transfer are merely documents related to the registration of ownership transfer; and the above documents provided by the plaintiffs are not included in documents necessary for the registration of the above address change; the above documents provided by the plaintiffs are merely documents related to the registration of ownership transfer; thus, it cannot be deemed that there was a legitimate performance of the above obligation for the registration of ownership transfer; therefore, the plaintiffs' claim for cancellation of the above sales contract under the premise that there was a legitimate performance of the above obligation for the registration of ownership transfer is groundless.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-dong (Presiding Justice)