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1. The part of the judgment of the court of first instance regarding the lawsuit shall be revoked.
In accordance with the expansion of the purport of the claim in this Court.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The grounds for this part of the facts are the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the claim on the principal lawsuit
A. The Defendant paid the Plaintiff the down payment of KRW 130 million and the intermediate payment of KRW 170 million according to the instant sales contract, and did not pay the remainder KRW 1 billion until January 31, 2017, which is the due date.
Accordingly, if the Plaintiff did not pay the remainder to the Defendant on February 1, 2017 by February 10, 2017, the Plaintiff rescinded the instant sales contract.
“Although the Defendant notified, the Defendant did not pay the remainder by February 10, 2017, so the instant sales contract was rescinded on the grounds of the Defendant’s nonperformance of obligation.
(B) On November 17, 2017, the Plaintiff: (a) had all preparations to obtain ownership transfer registration and loan; and (b) notified that the Plaintiff would cancel the instant sales contract if the Plaintiff would demand the payment of the remainder by December 5, 2017 to the certified judicial scrivener office to process it; and (b) the Defendant did not pay the remainder by the said date and time; (b) the instant sales contract was rescinded due to the Defendant’s default on December 5, 2017 (the second place of cancellation). Accordingly, the Plaintiff returned KRW 170 million to the Defendant; and (c) the Defendant provided the Plaintiff with the obligation to pay the remainder by December 5, 2017 to the Plaintiff KRW 260,000,000,000,000,000 to the Plaintiff as collateral pursuant to paragraph (10) of the terms of the instant sales contract (i.e., the Plaintiff’s share of KRW 170,000,000,00 to the Plaintiff as collateral.