계약금반환
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. The court's explanation on this part of the basic facts is identical to the reasoning of the judgment of the court of first instance as stated in paragraph (1) of the same Article. Thus, this part is cited in accordance with the main sentence of Article 420
2. Determination
A. (1) The Plaintiff’s assertion (1) cancels the instant sales contract on the grounds of the Defendant’s nonperformance of obligation, and seek restitution and damages.
(2) Around July 9, 2007, the Defendant: (a) provided a certified judicial scrivener office with the obligation to transfer ownership by keeping necessary materials for the registration of transfer of ownership; (b) but (c) actively declared that the Plaintiff did not intend to pay any balance without paying it; and (d) refused performance.
The sales contract of this case was cancelled on October 6, 2007, when the term of validity of the Defendant’s certificate of personal seal impression for real estate sale was limited due to the Plaintiff’s default, and the down payment was reverted to the Defendant as penalty for penalty.
② On March 25, 2009, the Plaintiff urged the Defendant to perform the instant sales contract by content-certified mail, but intentionally changed the address so that he could not receive the Defendant’s answer. Since this purport is to recognize the Plaintiff’s nonperformance of obligation and accept the rescission of the sales contract, the instant sales contract was automatically invalidated at that time.
③ The instant sales contract for the part of the instant land was naturally revoked due to the existence of the building, and the sales contract for the remaining part of the instant land was newly concluded separate from the existing sales contract after becoming aware of the principal offense of boundary.
Since the plaintiff did not pay the balance of the purchase and sale, the new purchase and sale contract was revoked.
④ The Plaintiff did not pay any balance after only paying the down payment on April 2007. The Plaintiff asserted the rescission of the night sales contract around August 2013 after the lapse of four years and six months, and did not exercise any particular right thereafter.