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1. The judgment of the court of first instance is modified as follows.
The defendant receives KRW 84,096,576 from the plaintiff and ②.
Reasons
1. The reasoning of the judgment of the court of first instance as to this case is the same as the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Following the fifth five pages of the first instance judgment of the part added or used after the addition, “III” was added to “The Defendant notified the Plaintiff of the cancellation of the instant sales contract on December 7, 2016, in which the Plaintiff did not pay any remainder as well as any down payment until November 30, 2016, which was the remaining payment date, and the Defendant requested the extension of the remainder payment date by March 15, 2017, and extended the remainder payment date by a special agreement. However, since the Plaintiff failed to pay the remainder in full on March 15, 2017, the instant sales contract was automatically rescinded.”
The 6th written judgment of the court of first instance (hereinafter referred to as the "Regulation") shall be applied to the "Regulation".
The following shall be added between six and seven at the bottom of the 6th judgment of the first instance:
“A. In the real estate sales contract as to whether the contract is automatically rescinded, even if the buyer fails to pay the price by the due date for the payment of the remainder, the intention and fact of the contract cannot be deemed as automatically rescinded unless the seller offers performance and causes delay of the buyer. However, if there are special circumstances under which the buyer promises to perform the contract by the due date when he/she requests the postponement of the due date for the remainder of the payment and requests the postponement of the due date for the remainder of the payment, the contract shall be automatically terminated (see, e.g., Supreme Court Decisions 95Da5467, Mar. 8, 1996; 2007Do5030, Dec. 27, 2007).