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1. The plaintiff's appeal is dismissed.
2. Pursuant to the conjunctive claim added by this court, the defendant 3,616.
Reasons
The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, with the exception that part of the reasoning of the judgment of the court of first instance is used as follows and that of the preliminary claim added by the plaintiff, it is identical to the reasoning of the judgment of the court of first instance, and thus, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act. The second part of the amended portion is to read “the land of this case” as “the land of this case 1,470 square meters (hereinafter “the land of this case”).”
The fourth 7th 7th 7th 200 shall be applied to “unexpliced”.
The 5th sentence " September 28, 2017" shall be applied to " September 29, 2017".
If the contract of this case was terminated by agreement on the conjunctive claim, the defendant is obligated to pay to the plaintiff a down payment of KRW 200 million and interest and delay damages from November 14, 2012, which is the date of the payment, to the original state.
The fact that the contract of this case was terminated by agreement on the cause of claim is identical to that of the judgment on the primary claim (claim for Registration of Ownership Transfer). Therefore, the defendant is obligated to pay to the plaintiff a contract deposit of 200 million won and damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 6, 2019 to the day of complete payment, which is the day following the delivery date of the copy of the claim and the copy of the application for change of the cause of claim, which states that the plaintiff is notified to return
The Plaintiff also sought interest payment for the period from November 14, 2012 to December 5, 2019, which is the date of payment of down payment.
Agreement cancellation or cancellation contract means that both parties to a contract terminate the validity of the existing contract by agreement and return it to the same state as the contract was not concluded from the beginning, regardless of whether the contract is rescinded or not.