시설물 인도 등
1. The defendant received KRW 15,000,000 from the plaintiff at the same time as the plaintiff received the payment from the plaintiff,
(a) Ground of C forest land in Chungcheongnam-gun, Chungcheongnam-gun;
1. Basic facts
A. On March 1, 2011, the Plaintiff and the Defendant concluded a transfer agreement under which the Plaintiff transferred to the Defendant all of the operation rights and facilities of the Chungcheongnam-gun, Chungcheongnam-gun, E, and D Il-do Camping Province, and the Defendant would pay the Plaintiff the sum of KRW 36 million per 3 million per 25 months each month from March 1, 2011 to February 25, 2012 (hereinafter “instant agreement”).
B. Following the conclusion of the instant contract, the Plaintiff transferred all of the camping facilities including the facilities listed in the Disposition No. 1 (hereinafter “instant facilities”) to the Defendant, and the Defendant paid to the Plaintiff the price of KRW 15 million per month (=3 million per month (=3 million won x 5 months) from March 25, 2011 to July 25, 2011.
C. On August 17, 2011, the Defendant notified the Plaintiff of the rescission of the instant contract, and claimed reimbursement of the purchase price, necessary expenses, and beneficial expenses, etc.
On December 20, 2012, the Plaintiff demanded the Defendant to suspend the use of camping site facilities, and on March 19, 2013, the Plaintiff notified the Defendant to remove facilities installed at will on the site of camping site.
The defendant has been occupying and using the facility of this case until now.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 11 (including each number, hereinafter the same shall apply), Eul evidence 1 to 4, the purport of the whole pleadings
2. Determination:
A. In order to cancel a judgment contract on the cause of the claim, the requirement is that the declaration of conflicting intent, such as the offer and acceptance of the contract, would be consistent, as in the case of a general contract formation.
However, since the rescission of a contract can be made implicitly as well as explicitly and explicitly, if the lack or renunciation of the intent to realize the contract between the parties is objectively consistent with the contents of their intent expressed in both parties, the contract shall not be implemented.