1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasons why a party member of the court of first instance shall explain this case are as follows, except for the addition of Paragraph 2 to the following judgments as to the matters alleged in the court of first instance, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The Plaintiff’s assertion, even if the instant sales contract constitutes “the case where the purchaser of the real estate takes over the obligation regarding the subject matter of sale and agrees to deduct the amount of the obligation from the purchase price,” the Plaintiff asserts that the instant sales contract was lawfully rescinded by the Plaintiff by the Plaintiff’s declaration of intent to cancel the contract, in light of the following: (a) the amount of the obligation to return the lease deposit that the Defendant intended to take over falls under approximately 75% of the total purchase price; (b) lessee D raises an objection against the succession to the status of the lessor; and (c) the Defendant’s repayment of the obligation to return the lease deposit by failing to fulfill the obligation to pay the long-term deposit; and (d) the Plaintiff’s repayment of the obligation to return the lease deposit is inevitable.

B. In a case where a purchaser of a real estate on the market agrees to take over a debt on the subject matter of sale and deduct the debt from the purchase price, barring any special circumstance, the purchaser fulfilled his/her duty to pay the balance by paying the balance after deducting the debt from the purchase price.

As such, the buyer did not actually repay the above debt.

Even if such circumstances alone make it impossible for the seller to cancel the sales contract, but it is the same as the buyer's failure to pay part of the sales price.