청구이의
1. The plaintiff's appeal and the plaintiff's conjunctive claim added by this court are all dismissed.
2. Appeal;
1. The reasoning of the judgment of the court of first instance regarding this case is as follows. With respect to the conjunctive claims added by the plaintiff in this court, the court shall additionally delete or dismiss them as follows. The reasoning of the judgment of the court of first instance is as stated in the column from 10 to 79 pages of the judgment of the court of first instance, except for further determination as to the conjunctive claims added by the plaintiff in this court as set forth in paragraph (2).
The 20 pages of the judgment of the first instance shall be added to the 3rd of the judgment (based on recognition) of the first instance court.
6. The following shall be added in front of "in relation of simultaneous implementation" in the 6th sentence of the first instance court:
In a case where a sales contract was established upon the exercise of a right to claim sale, but either party fails to perform his/her obligation, the other party may rescind the said sales contract in accordance with the general legal principles as to the rescission of the contract on the grounds of nonperformance (see Supreme Court Order 2012Ma1940, Mar. 26, 2013). Meanwhile, the following is added between the six-party “the foregoing” and “the foregoing” as stated in the first instance judgment.
In light of the fact that the sales contract on the real estate of this case was formed following the Defendant’s unilateral exercise of the right to sell the real estate of this case, while the Plaintiff is seriously restricted from exercising the right to property on the real estate of this case subject to sale from the Defendant to the payment of the purchase price, the Defendant may deposit the purchase price at any time to acquire ownership without the cooperation of the other party, and as such, if the Plaintiff strictly interpreted the provision of performance to a claim for sale, it may cause damage to the other party unilaterally because of insufficient funds after exercising the right to demand sale, even if such damage is not paid to the other party.