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(영문) 서울고등법원 2019.09.18 2019나2005367
계약금반환등
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, and the reasoning of the judgment is cited by the main text of Article 420 of the Civil Procedure Act, except where the judgment of the court of first instance is stated in the following and the judgment of the argument added by the court of first instance.

"Other matters" in the last sentence of the second main sentence of the judgment of the first instance shall be deemed to be "other matters (hereinafter referred to as "other matters in this case")."

The reasoning of the judgment of the first instance court is that "Plaintiff (Appointed Party, hereinafter referred to as Plaintiff (Appointed Party, hereinafter referred to as Plaintiff), Selected Party C, and D" are "Plaintiffs," and both "Plaintiffs, Appointed C, D, Plaintiff and Appointed Party" or "Plaintiffs" are "Plaintiffs," respectively.

2. Additional determination

A. Determination 1 on the Plaintiffs’ assertion of cancellation due to nonperformance 1) Plaintiffs’ assertion is not legitimate as of March 8, 2018.

Even if the Defendant sold the instant land to the O on March 26, 2018 and completed the registration of transfer of ownership, the instant sales contract became impossible due to the Defendant’s fault.

The Plaintiffs cancel the instant sales contract by serving a preparatory document on February 21, 2019, and seek the payment of a double the down payment for restitution and damages pursuant to Article 6 of the instant sales contract.

B) The Defendant asserted that the instant sales contract was rescinded by mail verifying the content of the instant sales contract on March 15, 2018 on the ground of the delay of the Plaintiffs’ obligation to pay the remainder of the instant land. Therefore, the Plaintiffs’ assertion is without merit. 2) In the event that the instant sales contract was rescinded by the Defendant’s declaration of intent on February 21, 2019 before the cancellation of the contract, whether the contract was rescinded by the Defendant’s declaration of intent on March 15, 2018, the obligation to transfer the seller’s ownership, the obligation to deliver the goods, and the obligation to pay the remainder of the buyer’s price is in principle a simultaneous performance relationship. In this case, the seller is specially required.

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