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(영문) 서울고등법원 2016.11.22 2016나2039024

계약금 반환 등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the first instance court’s reasoning, except for the parts which are dismissed or added as stated in the second instance court’s decision, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s “Plaintiff” in Section 2 of the first instance judgment No. 4, which is dismissed or added, shall be changed to “Defendant”.

On the 6th judgment of the first instance court, the following shall be added to the following:

5. On the ground that the Plaintiff’s notification to the Defendant of the cancellation of the instant sales contract on the grounds that it is impossible for the Defendant to enter the instant land via the instant adjoining land, and later three to four months, the Defendant, while selling the instant land to a third party, presumed to have been able to resolve the access road problem through the instant adjoining land at the time of the conclusion of the instant sales contract. As such, the Defendant appears to have sufficiently resolved the entry problem into the instant land via the instant adjoining land at the time of the conclusion of the instant sales contract. Thus, as alleged by the Plaintiff, the Defendant

It is difficult to see that there is no effort to resolve or resolve.

3. The plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.