기타(금전)
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 judgment of the court of first instance is insufficient to acknowledge the occurrence of the cause of termination of contract, such as “where the occupancy has been delayed for more than three months from the scheduled date of occupancy (including the fact that the defendant has obtained temporary approval for the occupancy of more than three months from the scheduled date of occupancy)”, “where the defect of the house in sale in lots leads to the extent that the purpose of contract can not be achieved because it has difficulty in repairing the house in lots due to significant difficulty in repairing it,” and “where the occurrence of the cause of termination of contract becomes impossible to achieve the purpose of contract due to the violation of other important matters of contract,” and there is no other evidence to acknowledge this differently, other than adding some contents as follows, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, since Article 2(3)1, 2, and 5 of the contract in this case is the same as the grounds of the judgment of the court of first instance.
The following shall be added to the three-dimensional four parallels following the first instance judgment, and the three-dimensional five parallels [founded grounds for recognition] shall be added to the "this court" column.
35 persons, like the Plaintiff, who entered into a sales contract with the Defendant for the instant apartment, filed a lawsuit against the Defendant to cancel the sales contract on the grounds that the Defendant delayed occupancy in excess of three months from the scheduled date of occupancy due to the Defendant’s mistake under the Daegu District Court Branch Decision 2017Gahap10966, and to pay the term payment deposit and penalty to its original state. However, on March 22, 2018, upon a judgment against the Plaintiff against the Plaintiff, the said judgment of the first instance became final and conclusive as they were, on the grounds of the rejection of the petition of appeal or the rejection of appeal (Seoul High Court Decision 2018Na2221).
2. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.
The judgment of the first instance is consistent with this conclusion.