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(영문) 수원고등법원 2020.10.15 2019나17986

손해배상(기)

Text

The part against the plaintiff falling under the order of payment under the judgment of the first instance shall be revoked.

The defendant.

Reasons

Basic Facts

The reasons stated in this part are as follows, and the relevant part of the reasons for the first instance judgment shall be as follows:

(The main text of Article 420 of the Civil Procedure Act). The second half of the judgment of the court of first instance is that “A” means “K [the sales contract (Evidence A No. 1-1) states “S.C” as “S.” but it appears to be a clerical error];

The summary of the parties' arguments is as follows, except for the addition of the grounds for this part as follows, with the relevant part of the grounds of the judgment of the first instance.

(2) In addition, Article 420 of the Civil Procedure Act provides that “The term of the instant sales contract was concluded on March 6, 2006, and ten years have passed since the instant lawsuit was filed, which is the period of extinctive prescription prescribed by the Civil Act.” This part of the Defendant’s assertion is the party to the instant sales contract, and the statute of limitations has expired since the instant lawsuit was filed. The grounds for this part are as follows: (a) the relevant part of the reasoning of the first instance judgment (main sentence of Article 420 of the Civil Procedure Act), except for the addition of the following judgments, is as follows; (b) “The letter of agreement (Evidence B No. 2) signed on December 15, 2005 between the Defendant and I is delayed in the payment of intermediate payment; and (c) if I fail to perform the payment by the re-determined date, the down payment will be invalidated without a separate notice to the Defendant; and (d) the part that I performed civil works belongs to the Defendant is not included in the content of resale or middle registration.

The transfer registration of ownership was completed from the defendant to the buyer at a similar time, and the evidence that can be seen as an intermediate omission registration was not submitted at all.

The Defendant’s obligation under the instant sales contract and the incomplete performance are completed until the first road packing.