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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The reasoning for the court’s explanation concerning the instant case is as follows: (a) the Plaintiff’s assertion that was newly adopted by the court of first instance is as stated in the reasoning of the first instance judgment, except for adding the following judgment as to the assertion that was newly adopted by the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act. As such, the reasoning for the court’s explanation is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Plaintiff’s allegation was made on May 10, 201, without completing his duty of transfer registration and preparation for delivery of the object, and thus, it cannot be seen as the highest and cancellation for delay of performance under Article 544 of the Civil Act. Thus, the Defendant’s confiscation of the down payment is unfair. Ultimately, the Plaintiff and the Defendant did not perform any act for the execution of the instant sales contract, and there is no intention of contract realization while denying its validity, the instant sales contract is deemed to have been cancelled implicitly. Accordingly, the Defendant must return the down payment KRW 100 million to the Plaintiff as unjust enrichment according to the cancellation of the instant sales contract.
B. The rescission of a judgment contract is a new contract with the parties to the contract having terminated the validity of an existing contract by mutual agreement and return it to the same state as that for which the initial contract had not been concluded. The rescission of a contract may be made by implied agreement between the parties as well as explicitly and explicitly. However, in order to recognize the implied rescission of a contract, it is insufficient to say that both parties were unable to pay the remainder over a long period of time upon the conclusion of the contract and the payment of part of the contract was made, or neglecting the procedure for ownership transfer registration. It can be said that both parties have no intent to realize the contract or to waive the contract.