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(영문) 수원지방법원 2018.07.19 2017나71673
소유권확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of this court's judgment is the same as that of the judgment of the court of first instance, except where the defendant added a new judgment on the matter that the defendant newly asserted in this court.

2. Additional determination

A. The Defendant’s assertion and counterclaim are common arguments.

1) The instant contract was implicitly rescinded by applying for the suspension of payment of the account in the name of “I” with the Defendant, and then the instant contract was explicitly rescinded. 2) as if the Defendant was an employee of a major trading company with the falsity that “N” was the employee of a major trading company, and the Defendant concluded the instant contract by causing an error in the important part of the contract, and thus, the instant contract was revoked in accordance with Articles 109(1) and 110(1) of the Civil Act.

B. The agreement cancellation or rescission contract regarding the assertion on the cancellation of agreement is a new contract, regardless of whether the contract is rescinded or not, which provides that both parties to the contract shall terminate the validity of the existing contract by agreement and return it to the same state as that of the previous contract not concluded from the beginning. In order to cancel the agreement, the opposing expression of intent, such as the offer and acceptance of the contract, is required (agreement). In order to establish such an agreement, the content of the intent expressed by both parties should objectively coincide.

In addition, the rescission of a contract may be made not only explicitly but also by implied agreements between the parties, but also by implied agreements, if it is recognized as an implied rescission, a contract has been concluded and a part has been implemented.

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