Withdrawal of a lawsuit claiming the return of down payment due to the cancellation of a sales contract and the effect of exercising the right of termination.

Since the right to cancel is the right to cancel even after the exercise of the right to cancel the contract by filing a lawsuit and the withdrawal of the lawsuit, the effect of the exercise does not affect.

Article 543 of the Civil Act

Supreme Court Decision 68Da626 Decided January 28, 1969

[Judgment of the court below]

Defendant 2, Counsel for the defendant-appellant

Seoul High Court Decision 79Na1194 delivered on March 14, 1980

The judgment below is reversed and the case is remanded to Seoul High Court.

Defendant Kim Yong-il’s ground of appeal Nos. 3 and 2 of the implied grounds of appeal (the supplementary grounds of appeal by Defendant Kim Jong-sik, and the supplementary grounds of appeal by Defendant Kim Jong-il, were submitted after the lapse of the time limit, and are limited to the extent of supplement in case of the above grounds of appeal

According to the reasoning of the judgment of the court below, since the plaintiff purchased the above site and building of this case (hereinafter "real estate of this case") 17.5 million won from the defendant on June 14, 197, and 3,000 won of intermediate payment shall be paid to the defendant, and 43.5 million won of the remaining payment shall be decided on June 25 of this year and 9.7.5 billion won shall be decided on September 14 of this year, and the remaining remaining payment shall not be ordered to be paid to the defendant for the cancellation of the contract of this case 9.3 billion won after the cancellation of the contract of this case, and the plaintiff cannot be viewed as being paid to the defendant for the cancellation of the contract of this case 17.5 billion won of the remaining payment after the cancellation of the contract of this case, and the plaintiff cannot be viewed as being 9.3 million won of the contract of this case for the cancellation of the contract of this case, and the plaintiff cannot be viewed as being paid to the defendant for the cancellation of the contract of this case.

Therefore, the judgment of the court below is reversed and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young