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1. The part concerning the claim for cancellation of the sales contract among the instant lawsuit is dismissed.
2. All of the Plaintiff’s remaining claims.
Reasons
On May 10, 2015, the Plaintiff asserted that a motor vehicle listed in the separate sheet purchased from the Defendant in KRW 15,545,455 is defective, and that the foregoing defect is impossible to correct and thus it is impossible to operate the motor vehicle normally, and that it is primarily seeking the cancellation of the above sales contract, the return of the purchase price, and the exchange of new lanes of the same kind in preliminary order.
First, with respect to the part of the lawsuit of this case which claimed the cancellation of a sales contract, it shall be recognized only where there are explicit provisions in the law, and if there is no legal basis, it shall not be permitted (see Supreme Court Decision 92Da35462, Sept. 14, 1993). Thus, the lawsuit claiming the cancellation of a sales contract constitutes a lawsuit seeking the cancellation of a sales contract, and there is no legal ground to file it. Thus, the part seeking the cancellation of a sales contract of this case shall be deemed unlawful.
(A) In light of the following: (a) the expression of intent to cancel is sufficient to be determined outside a trial; and (b) there is no interest in a lawsuit to be exercised through a trial; and (c) in light of the appraiser B’s appraisal result to the effect that there is no defect in which the said vehicle has a studio in the remaining claims of the Plaintiff, it is insufficient to recognize that the said vehicle has a studio even after considering all the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge this, all the Plaintiff’s arguments premised on the premise that the studio of the said vehicle is in the
Therefore, the part of the lawsuit of this case seeking the rescission of a sales contract is dismissed as unlawful, and all of the remaining claims of the plaintiff are dismissed as it is without merit. It is so decided as per Disposition.