매매대금반환
All appeals by the defendants are dismissed.
The costs of appeal shall be borne by the Defendants.
The purport of the claim and appeal is the purport of the appeal.
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, except where the judgment of the court of first instance is dismissed as set forth in paragraph (2) below, and thus, it is acceptable by the main sentence of
2. Of the judgment of the court of first instance, the appeal of the Prosecutor was dismissed on December 12, 2019, and the judgment became final and conclusive on December 20, 2019 (2019No696).
On the third page of the judgment of the first instance, the entry “B” of the first instance judgment in Category 9 shall be added to the following:
On the third side of the judgment of the first instance, the "Impossibility of performance" of the fourth act is raised as "performance delay".
In the first instance judgment, the first to the second to the second to the second to the same eth.g. are as follows.
It is not possible to open access roads to be established under the instant contract on the forest land, but the Defendants paid KRW 924,000 to the Korea Land Information Corporation in preparation for the partition of land for opening such access roads around August 8, 2016.
However, since the Defendants did not yet open access roads because the Plaintiff did not perform the obligation to pay the balance, which is the obligation to pay the remainder, the Defendants cannot be deemed to have expressed the intent to refuse the performance to the Plaintiff.
In the document submitted by the Defendants, “it is not possible to open access roads to be established under the instant contract, so the Defendants’ obligation to open access roads did not appear in an impossible condition (section 5 of the Answer of May 30, 2019),” and “the Plaintiff did not perform the obligation to pay any balance, which is a prior performance obligation, or did not complete the provision to pay such balance, so the Defendants did not have any delay in the performance (section 7-10 of the Reasons for Appeal dated February 12, 2020).” However, it is not an impossible or delayed performance of the Defendants.