소유권이전등기
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
1. The first instance court accepted the principal claim and dismissed the counterclaim.
The defendant appealed only against the dismissal of the counterclaim in the judgment of the court of first instance.
Therefore, this court examines only the counterclaim claim.
2. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance (excluding the part concerning the principal lawsuit) except for the part added as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure
3. The addition;
A. The Defendant’s assertion in this Court - Attached Form 1 is impossible to install solar power plants on land.
It is clear that it is impossible to immediately install solar power plants on the land in attached Form 1 in accordance with the Cheongdo-Gun Guidelines.
- The solar power plant under the instant contract is not installed on the land, and is not installed on the building.
Plaintiff
As alleged in attached Form 1, establishing a building on the land and installing a solar power plant on the above-mentioned land is not implemented by the scheduled method, so it is possible to do so, so it cannot be said that the installation of a solar power plant may not be possible according to the terms of the instant contract.
- Although the Defendant provided all necessary documents to the Plaintiff on July 11, 2018, the Plaintiff did not request the Plaintiff to permit the installation of solar power plants up to now.
The plaintiff also recognized that installation is impossible. If it is not impossible, the intention of non-performance is clearly expressed.
- The plaintiff is responsible for the impossibility of performance.
- The obligation of the Plaintiff to install solar power plants on the land annexed to attached Form 1 is to substitute the Plaintiff’s existing liability for damages (the Plaintiff’s land owned by the Defendant was infringed without permission) against the Defendant, unlike ordinary cases where one party pays the price and the other party executes construction.
In other words, a letter, area.