소유권이전등기
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons why the court shall explain this case in this case are set forth in Section 1-B of the judgment of the first instance.
The following shall be added to the "Failure to prepare for the balance" in the first sentence of paragraph 1, and the " February 11, 2015" shall be added to the 3-A.
The judgment of the principal claim shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the first instance is the same as that of the judgment, except for the following cases:
2. The part of the contract for sale and purchase of real estate (“A. Determination as to the primary claim 1) even though the seller has agreed to the effect that if the buyer fails to pay any balance by the due date for the payment of the balance, the contract shall be automatically rescinded, the buyer’s intention and fact on the agreed date shall not be deemed automatically rescinded unless the buyer makes a performance and makes the buyer default on the buyer’s delay of performance. However, if there are special circumstances under which the buyer again made a promise to perform the contract by the due date for the delayed payment of the balance when the buyer fails to perform his/her obligation over several occasions and at the same time made a promise to accept the performance of the contract automatically by the due date for the new contract, the contract shall be automatically terminated.
On the other hand, if the sales contract has been automatically terminated and the seller and the buyer agreed to receive compensation for delayed payment from the buyer and to change the terms and conditions of the contract, such as the payment date of the balance, it can be deemed that a new agreement was concluded to restore the invalidated sales contract. If the automatic cancellation agreement included in the previous sales contract is deemed to have been restored together, then the buyer’s obligation to pay the balance under the changed terms and conditions of the contract is not fulfilled.