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(영문) 대구지방법원 2021.01.27 2020나300440
매매대금반환
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of appeal:

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following additional portions, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. Although the defendant's assertion ① if construction is not possible, it would have been cancelled immediately, the plaintiff's assertion of cancellation of the contract would be contrary to the good faith principle when the plaintiff brought the lawsuit of this case at the latest.

② As the Plaintiff had purchased the instant land for investment purpose and failed to achieve its purpose due to aggravation of diplomatic relations, etc., the Plaintiff filed the instant lawsuit by asserting that it was later erroneous.

B. In full view of the purport of the entire pleadings, it seems that the Plaintiff was unable to obtain a building permit on the instant land from around November 2017, in light of the written evidence No. 3, and the purport of the entire pleadings.

Since the instant lawsuit was filed before the third anniversary thereof, there was no problem about the exclusion period.

On the other hand, there is no ground to view the Plaintiff’s assertion to cancel the contract contrary to the good faith principle.

Therefore, the defendant's above 1 argument is without merit.

In addition, there is no evidence to acknowledge the defendant's assertion 2 times.

Therefore, the defendant's argument is without merit.

3. If so, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed.

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