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(영문) 대구지방법원 2018.06.21 2017나7413
토지인도
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation as to this case is as follows, and the reasoning for the judgment of the court of first instance is as stated in the reasoning of the judgment, except for the addition of the judgment of the plaintiff as to the new argument in the court of first instance as set forth in paragraph (2). Thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

The second half of the judgment of the court of first instance is referred to as "E" as "F."

Under the second sentence of the first instance court, the “Evidence Nos. 2, 3, and 6” shall be added to the “founded grounds for recognition” of the fifth sentence.

2. Additional matters to be determined;

A. The plaintiff's assertion that the plaintiff requested the defendant to transfer the registration of transfer of ownership for a sufficient period according to the final decision of recommending reconciliation, but the defendant failed to perform his/her obligations under the sales contract formed by the above recommending settlement due to the failure to pay the purchase price. Therefore, the plaintiff asserts that the above sales contract will be cancelled due to

B. If the other party intends to rescind a contract in a bilateral contract in a concurrent performance relationship on the ground that the other party does not perform his/her obligation, the party who seeks to rescind the contract may rescind the contract by providing for the performance of his/her own obligation and for the other party’s delay in performance.

Since the plaintiff's obligation to transfer ownership to the defendant who succeeded to the rights and obligations of F and the obligation to pay the purchase price to the plaintiff simultaneously is in a simultaneous performance relationship, in order to cancel the sales contract, the plaintiff must prepare for the plaintiff to the extent that he can accept all documents necessary for the application for transfer of ownership to the part in possession of the land in this case and notify the defendant who is the other party and provide it by notifying the defendant who is the other party to receive it. However, there is no evidence to acknowledge that the plaintiff performed it.

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