가계약금반환
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except in the following cases: (a) the 6th and 15th of the judgment of the court of first instance is as stated in the relevant part of the judgment of the court of first instance; and (b) the 6th and 6th of the judgment of the
[Supplementary Use]
A. On July 26, 2012, the Plaintiff, Defendant D, Defendant E, and the actual manager sold the instant swine farm to H Co., Ltd. on July 26, 2012, and such new sales contract (hereinafter “H sales contract”) includes an implied agreement to liquidate the instant sales contract and to settle disputes related thereto. Accordingly, the instant sales contract was terminated or the agreement was concluded between the Plaintiff and the Defendants to restore the legal relationship arising from the instant sales contract to its original state. Accordingly, the Defendants are liable to return the down payment received from the Plaintiff to the Plaintiff.
In light of the above facts, it is reasonable to view that the sales contract of this case was lawfully rescinded by the Defendants’ declaration of intent on November 9, 2010, on the ground of the Plaintiff’s nonperformance of obligation to pay the price. Thus, it cannot be deemed that the sales contract of this case already rescinded was rescinded again according to the H sales contract newly concluded thereafter, and the evidence submitted by the Plaintiff alone is insufficient to deem that the agreement was concluded between the Plaintiff and the Defendants as alleged by the Plaintiff as a conclusion of the H sales contract, and there is no evidence to acknowledge otherwise. Therefore, the Plaintiff’s assertion is without merit.
2. If so, the plaintiff's claim against the defendants is dismissed in its entirety due to the lack of grounds, and the conclusion is consistent with this.