beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. The reasons for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following "2. Additional Judgment" as to the allegations added by the plaintiff in this court, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. Even according to the MOU concluded between the Defendant and the joint Defendant medical corporation of the first instance trial (hereinafter “B”), and the agreement prepared to supplement it (hereinafter “instant agreement”), the Defendant unilaterally rescinded the contract without undergoing the highest procedure for the second down payment.
Therefore, the defendant is obligated to return the instant money received from B after the second down payment date to unjust enrichment.
B. In the real estate sales contract, even though the agreement that the buyer would automatically cancel the contract if the buyer fails to pay the price by the due date for the payment of the remaining price, the sales contract cannot be deemed automatically terminated unless the seller offers performance and causes delay of the buyer. However, if there are special circumstances under which the buyer promises to perform the contract by the due date when he requests the postponement of the due date for the remainder of the payment, and the buyer promises to pay the due date for the remainder of the payment, the sales contract automatically terminates due to the failure of the buyer to pay the balance by the due date for the remainder of the payment (see, e.g., Supreme Court Decision 2007Do5030, Dec. 27, 2007). In light of the above legal principles, in light of the above legal principles, the first entry and the entire purport of the evidence No. 3, No. 1, and evidence No. B, the first entry of the agreement to transfer the contract to a corporation B, the Defendant concluded a contract to transfer the remainder of the contract.