(영문) 대법원 2013.11.28 2013다22812 | 리걸엔진

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(영문) 대법원 2013.11.28 2013다22812

계약금및중도금반환

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1. The part of the judgment below against Defendant D and E is reversed, and that part of the case is remanded to Busan High Court.

2...

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment below as to the Plaintiff’s grounds of appeal in light of the relevant legal principles and records, it cannot be deemed that Defendant F, the first transferor, did not have an agreement on the omission of intermediate registration to complete the registration of ownership transfer directly to the deceased, who is the final transferee, and that there was no consensus among the Plaintiff, Defendants, and H as to the omission of intermediate registration, and the Plaintiff’s dismissal of the Plaintiff’s primary claim of this case seeking the implementation of the procedure for registration of ownership transfer against Defendant F is justified.

In light of the legal principles as to the intermediate omission registration asserted by the Plaintiff as the grounds of appeal, there are errors in violation of the principle of free evaluation of evidence.

subsection (b) of this section.

2. As to Defendant D and E’s grounds of appeal

A. Article 547(1) of the Civil Act provides that “If one or both of the parties is involved, the termination or rescission of the contract shall be made against all or some of them.”

Therefore, in cases where one of the parties to a sales contract dies and there are several successors to the contract, in order for the inheritor to cancel the contract, all of the inheritors should express their intent of cancellation, unless there are special circumstances such as the other party’s special agreement with the other party.

B. In full view of the relevant evidence, the lower court acknowledged the following facts: (a) on August 30, 1994, the deceased concluded the instant sales contract with Defendant D and E to purchase the forest land of this case in KRW 430 million; and (b) on November 2, 1994, the deceased paid the sum of the down payment and the intermediate payment of KRW 260 million until November 2, 1994, but did not pay the remainder of KRW 170 million; (c) on June 19, 2009, the deceased died on June 19, 200; and (d) the Plaintiff, B, and C’s final heir.

Furthermore, the lower court.

참조조문

-민법 제547조 제1항

유사 판례

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