logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2017.11.03 2017나10175
소유권이전등기
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. The reasons for this court, such as the acceptance of the judgment of the court of first instance, are as follows: even if Paragraph (1) of the contract of this case constitutes an automatic rescission clause, since the seller's obligation to pay the remainder of the purchase price and seller's obligation to transfer ownership are concurrently performed, barring any special circumstance, the seller's obligation to pay the remainder of the purchase price and the seller's obligation to transfer ownership are related to the buyer's obligation to pay the remainder of the purchase price, so it shall be viewed that the contract automatically is terminated only when the buyer prepares documents necessary for the registration of transfer of ownership at the due date for the remainder of the purchase price and provides the buyer with performance such as informing the buyer for the delayed performance, and even if the buyer has defaulted the due date for the contract, it shall not be deemed that the contract is automatically terminated (see, e.g., Supreme Court Decision 98Da505, Jun. 12, 1998).

2. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

arrow