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1. The plaintiff's appeal and the claim extended and added in the trial and the defendant's appeal are all dismissed.
2. The appeal costs.
Reasons
1. The reasoning of the judgment of the court of first instance cited this case is as follows. Except for the additional determination as to the Plaintiff’s assertion as to the following two, the part against the Plaintiff is identical to the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The following shall be added to the 13th 13th 21th 21th son of the first instance judgment:
In addition, in the sales contract of this case, 10% of the total purchase price shall be attributed to the defendant as penalty if the contract is cancelled due to the plaintiff's fault. Since it is reasonable to view that the late payment charge of the defendant's assertion is included in the above penalty scheduled to pay damages as damages caused by the plaintiff's failure to pay the remainder, it is difficult to see that the defendant has a separate damage liability equivalent to the late payment charge in addition to the above penalty claim against the plaintiff.
“The Defendant asserts that the instant sales contract was cancelled by the Defendant’s exercise of the right to rescind the contract, and thus, the Plaintiff does not have the obligation to pay
However, it is stipulated in Article 548(2) of the Civil Act that requires a statutory interest to be added from the time when one of the parties receives the money in return for the said money. This is within the scope of restitution, and it does not result from the delay of the duty to return. Therefore, when the real estate sales contract is terminated, regardless of whether the seller has the duty to return the purchase price and the duty to register the cancellation of the buyer's transfer of ownership, the seller shall pay the purchase price in addition to the legal interest calculated at the rate of 5% per annum as stipulated in the Civil Act from the date of receipt.