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(영문) 서울고등법원 2020.10.15 2019나2052080
계약해제확인등
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2.In accordance with the claims of this Court for a change in exchange:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasons for this part of the underlying facts are as follows, and this part of the reasoning of the judgment of the court of first instance is the same as the corresponding part of the reasoning, except for the dismissal as follows. Thus, it shall be cited in accordance with the main sentence of Article 420

The following shall be added between one string of three inner boxes and two strings:

Article 3 (Matters concerning Transfer of Ownership, etc.)

A. Article 2(b) of the Plaintiff

The defendant shall deliver the subject matter of sale to the defendant simultaneously with the payment of the balance from the defendant on the payment date of the balance, and deliver all the documents necessary for the registration of transfer of ownership.

5.The following shall be added to 13 lines:

The Plaintiff is again the Defendant on January 11, 2018, Article 10(c) of the instant sales contract.

The instant sales contract was cancelled pursuant to the subsection, and the notice of cancellation was sent by content-certified mail to the effect that the down payment would be returned in KRW 1.3 billion, and the above notice was delivered to the Defendant on the 14th of the same month.

5 The portion of “12 to 14” in the 14 line shall be described as “12 to 15”.

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s primary assertion 1) The Plaintiff failed to complete the eviction agreement with C and the instant store by December 31, 2018, making it impossible to reach an eviction agreement with C and deliver the instant real estate until December 31, 2018. As such, the proviso to Article 10(c) of the instant sales contract (hereinafter “the First Rescission agreement”).

The right to rescind the agreement was created.

Therefore, even if the Plaintiff’s declaration of cancellation on December 27, 2018, and is not so, the instant sales contract was lawfully rescinded upon the Plaintiff’s declaration of intent on January 11, 2019 or the declaration of intention of cancellation following the delivery of the duplicate of the complaint.

In addition, the defendant is Article 8 (A) of the sales contract of this case.

Despite the duty not to provide or divulge to a third party any confidential information learned during the process of concluding the instant sales contract pursuant to subsection (a), C shall provide the instant store to E.

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