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1. Revocation of a judgment of the first instance;
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
Reasons
1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the defendants as to the new argument in the trial of the court of first instance to the following addition, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure
2. Additional determination
A. The summary of the Defendants’ defenses is that the Defendants are urged to pay the remainder to the Plaintiff on December 28, 2017, which was subsequent to the pronouncement of the judgment of the first instance court, within five days, and if the remainder is not paid within the said period, each of the instant contracts shall be rescinded.
The plaintiff sent a certificate of content to the effect that "," and the plaintiff did not pay the balance within the above time limit even after being served with the certificate of content on the following day. The plaintiff asserts that each contract of this case was rescinded.
B. In a real estate sales contract which is a bilateral contract, barring special circumstances, the buyer’s obligation to pay the balance and the seller’s obligation to deliver the certificate of ownership transfer registration is in the simultaneous performance relationship.
In such a case, it is not sufficient that the buyer has not paid the remainder on the date of performance to cancel the sales contract for the seller's delayed liability. In principle, it is necessary that the seller has prepared all documents necessary for the application for the registration of ownership transfer to the extent that the buyer has not paid the remainder on the date of performance and has notified the other party of the receipt of the documents, and that the buyer has failed to comply with the request after the other party has notified the other party of the performance of the remainder payment obligation within a reasonable period of time, and all documents necessary for the application for the registration of ownership transfer to be made by the seller are required to
(See Supreme Court Decision 86Meu1379 delivered on September 8, 1987). However, the buyer’s remaining price is the buyer’s price.