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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for the case where the part of “determination of the defendant’s defense” (from No. 5, No. 11 to No. 6) in the judgment of the court of first instance (from No. 5, No. 11 to No. 6) is reversed
(However, the part against Co-Defendant D of the first instance court, which became separated, is excluded). 2. Determination as to the defendants' defense
A. The summary of the Defendants’ assertion was that, on April 6, 2015, the Plaintiff’s husband K would pay the purchase price of the instant real estate by carrying out a new construction of multi-household house. The Defendants, upon receiving a request from H’s mother to F, completed the registration of ownership transfer of the instant real estate to F on April 6, 2015.
Accordingly, the Plaintiff and the Defendants agreed to rescind the sales contract with respect to the instant real estate or to accept the obligation of the H, thereby exempting the Defendants from the obligation of the purchase price. Accordingly, the Defendants are not obliged to pay the remainder of the purchase price to the Plaintiff.
B. Determination 1 contracts, regardless of the existence of the right of rescission, are new contracts that require both parties to a contract to terminate the validity of the existing contract by agreement and return to the same state as that of the previous contract had not been concluded from the beginning. In order to cancel an agreement, the agreement requires that the conflicting declaration of intent, such as the formation of the contract and the acceptance of the offer of the contract, should be satisfied. In order to establish such an agreement, the content of the intent expressed by both parties should be objectively consistent.
In addition, the rescission of the contract can be made by the implied agreement between the parties as well as by the express agreement, but it has been impliedly rescinded.