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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Grounds for the court's explanation concerning this case in this case
4.2
(2) modify subsection (2) as follows:
4.(c)
This is the same as the reasoning of the judgment of the court of first instance, except for addition of a claim, and this is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Any alteration or addition;
A. As to the modified portion “(2) The Defendant purchased the instant forest land to develop and sell the instant forest, it constitutes a merchant. As to the Defendant, the Defendant asserted that the instant forest land was developed and sold to a third party under Q Q as at the time of the instant 1 sales contract, and that the Defendant also constituted a real estate development business for divided sale to a third party, and that the Defendant entered into the instant 1 sales contract for business purposes, and thus, the Defendant and the Defendant entered into a contract for the instant 1 sales contract. As such, the Defendant’s right to claim the establishment of the access road pursuant to the instant 1 sales contract is subject to five years’ prescription. Since the Defendant’s duty to establish the access road was impossible on February 17, 2006 when five years elapsed from May 23, 2000 when the instant 1 sales contract was concluded, the Defendant’s right to claim the establishment of the access road was extinguished by prescription before the Defendant’s obligation to establish the access road was impossible (Article 64 of the Commercial Act applies to “act by prescription” and also includes a commercial activity as defined in Article 46 of the Commercial Act.
A merchant refers to a person who engages in a commercial activity under his/her own name pursuant to Article 4 of the Commercial Act, and Article 46 subparagraph 1 of the Commercial Act provides for a "sale and purchase of real estate or other property" as a basic commercial activity. In order for a certain act to constitute a basic commercial activity under Article 46 of the Commercial Act, the act must be an act prescribed in each subparagraph of the same Article, and the business