계약해제 확인의 소
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.
1. The reasoning of the court's reasoning for the acceptance of the judgment of the court of first instance is as follows, and the reasoning of the judgment of the court of first instance is stated, except where the plaintiff added the judgment that is to be newly adopted by the court of first instance as stated in paragraph (2).
It shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
In the first instance court's judgment No. 2, No. 16 and 17, "the sum of down payment 1,230,000,000 won for a sales contract" means "the sum of the down payment 1,230,000 won for a sales contract" and "the sum of the down payment 1,230,000 won for a sales contract".
Article 3 (Matters to be confirmed at the time of deposit of a trading agreement. ① The amount of a trading agreement shall be received in his/her own name on the receipt and management account of the transaction agreement designated by the Plaintiff, and the payment of the transaction agreement shall not be recognized if the payment was made in another account or by any other means. In such cases, the term "this agreement" shall be deemed null and void, and all damages and losses incurred therefrom shall be borne by the
Article 6 (Effect of Sales Agreements) The effect of "this Agreement" shall enter into force at the same time as the defendant deposits the sales contract amount stipulated in Article 2 to the plaintiff.
In the fourth chapter of the judgment of the first instance court, part of Articles 3 and 6 of the revised sales contract shall be added to the contents of the 4 table (the corresponding provisions of the first sale contract shall also be the same as the following). The first and second parts of the judgment of the first instance shall be as follows:
A person shall be appointed.
G. Around December 2019, the Defendant entered into a financial advisory agreement with P Co., Ltd. to procure the purchase price to be paid to the Plaintiff.
Article 3 of the contract provides that the conclusion of the plaintiff's contract related to the land creation work for the urban development project is a prior condition.
H. On September 1, 2020, the Plaintiff: (a) rendered the Defendant as the principal deposit on September 1, 2020, as the Incheon District Court Decision 9831, “The Plaintiff actually provided a double amount of the down payment that the Plaintiff intended to cancel the instant sales contract, but rejected the Defendant’s receipt.” In fact, the Plaintiff was a deposit cause.