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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The court's explanation concerning this case is based on the reasoning of the judgment of the court of first instance, and the part of Article 8 (2) of the Contract No. 4 of the Reasons for the judgment of the court of first instance, "C", and the part below No. 4. 7 of the Judgment, "the judgment", and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is cited in accordance with Article 8 (2) of the Administrative Litigation
2. Parts to be dried;
A. A claim for performance that includes the purport that the contract shall be naturally rescinded if performed within the period prescribed by the relevant legal doctrine, at the same time as the claim for performance can be deemed to have expressed in advance the intent of rescission on the condition that the performance has not been performed within that period, at the time of the claim for performance.
However, in order to legally acquire the right of rescission for the delay of the other party's performance, if the due date indicated in the claim for performance is determined as "within a certain period", the claimant for performance shall, in principle, continue to provide the performance during such period, and if such date is determined as "a certain date", there is a provision of performance on such date.
(See Supreme Court Decision 92Da28549 delivered on December 22, 1992, etc.). In addition, even if a real estate sales contract stipulates that if a purchaser fails to pay the price by the due date, the contract shall be automatically rescinded, the intention and fact on the agreed date shall not be deemed automatically rescinded, unless the seller offers performance and causes delay in the performance. However, even if the purchaser is responsible for the default over several occasions and requests the postponement of the due date, the sales contract shall be automatically rescinded.