자문료
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court’s explanation as to the instant case is as follows, and the reasoning of the judgment of the first instance is as stated in the reasoning of the judgment, except for further determination of the Plaintiff’s assertion emphasized by this court. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The 6th judgment of the first instance court, the 7th judgment, “the plaintiff,” and the 10th judgment, are as follows.
It is reasonable to deem that the Plaintiff cannot claim legal expenses against the Defendant who is the buyer, and the facts acknowledged earlier and the evidence submitted by the Plaintiff alone are insufficient to deem otherwise. Therefore, the Plaintiff’s assertion is without merit. The Plaintiff’s assertion is further determined as follows.
The Plaintiff asserted that the provisional contract of this case was rescinded by the agreement of the parties, rather than by the seller's cause attributable to the seller, and even if the contract was rescinded by the seller's cause attributable to the seller, it cannot be the grounds for exempting the Defendant from paying advisory fees to the Plaintiff. However, there is no evidence to deem that the provisional contract of this case was rescinded by the agreement of the parties. In light of the various provisions of the provisional contract of this case and the conditional permission terms of the Ministry of Education, it can be known that the provisional contract of this case was rescinded by the seller's cause attributable to the seller, because the seller's obligation to cancel the limited real right of the prior buyer's remaining obligation to the buyer (the Defendant) is not prepaid within one year from the terms of the condition of the terms of the contract. Since it is apparent that the contract was rescinded by the seller's cause attributable to the seller under the proviso of Article 16 (1) of the provisional contract of this case, the seller's contribution under the proviso of Article 3 (1) of the special agreement of this case also agreed that "the seller's contribution
(v)products;