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(영문) 서울고등법원(춘천) 2019.12.04 2019나50951

매매계약 효력 부존재확인

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited by the main sentence of Article 420 of the Civil Procedure Act is the same as the reasoning of the judgment of the court of first instance, in addition to the parts used or added as follows.

The 6th written judgment of the court of first instance shall be subject to the 8th written judgment, "........."

The 6th 15th 15th son of the judgment of the first instance is written by inserting "the defendant" as "the plaintiff."

The following parts shall be added to the 7th day of the first instance judgment and 10th day or less:

[On the other hand, the defendant argued to the effect that the second installment payment date has not yet arrived because it is not necessary to give the notice of approval as an individual business operator. However, the second installment payment date in the contract of this case seems to have been paid the second installment payment when the defendant has reached the extent that it is possible to promote business independently by obtaining approval as an individual business operator. However, if the defendant does not require a separate notice of approval as an individual business operator in order to carry out the new construction and operation of the sales facility of this case, it is reasonable to interpret that the second installment payment payment date has arrived immediately. If such interpretation is not done, the second installment payment payment date does not arrive before the payment date of the remainder. This interpretation is contrary to the purport of the contract of this case where the second installment payment is to pay the contract deposit, the intermediate payment and the remainder payment by business stage, and the defendant also does not require separate approval as an individual business operator, and therefore the second installment payment payment payment payment date has already arrived at the plaintiff's claim for the second installment payment payment. Thus, the defendant's second installment payment payment notice of this case does not have arrived.

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