Matters to be examined under the premise for recognizing the fact that the sales contract agreed to perform simultaneously with the obligation to pay the balance of the purchase price for the registration of ownership transfer is legally rescinded.

In order to recognize the fact that the sales contract agreed to perform simultaneously with the obligation to pay the balance of the purchase price for the registration of ownership transfer is legally rescinded, it is necessary to examine whether the performance of the registration is offered and whether the period of the performance is the highest and reasonable termination of the contract

Articles 536, 543, 544, and 568 of the Civil Act; Articles 126, and 394 of the Civil Procedure Act

Machan (Seoul)

Man Jae-be et al.

Gwangju District Court Decision 62Na291 delivered on April 17, 1963

We reverse the original judgment.

The case is remanded to the Gwangju High Court.

Examining the original judgment, the lower court determined that the Defendants’ testimony at the 1, 2-1, 3-2-1, 4-2-1, and 3-2-2 of the evidence Nos. 1, 2-1, 3-1, and 4-2 of the Plaintiff’s evidence No. 3-1, 2-1, and 4-2 of the Plaintiff’s testimony at the lower court, which was admitted as evidence of the above facts, were to purchase KRW 35,00 on April 14, 1960 and paid KRW 40,00 on the day to pay the remainder to August 15 of the same year as the down payment, and the above Defendant did not pay the remainder by the agreed deadline, and thus, the lower court determined that the Defendants’ above contract was not lawfully discharged on the grounds that the lower court did not have any legitimate obligation to cancel the registration of the Plaintiff’s remainder payment obligations and the Plaintiff’s transfer of ownership, and thus, it did not err in its conclusion by failing to exhaust all necessary deliberations on the grounds of the lower judgment.

Therefore, the decision of the court below is delivered with the assent of all Justices who participated in the trial in order to hold a new trial.

The judges of the Supreme Court, both judges (Presiding Judge) and Magyeong, Mag-Jak, the highest leapble leapbal of Red Mags