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(영문) 대구고등법원 2019.10.17 2019나20703
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

2. The plaintiff's ancillary claims are all dismissed in this court.

Reasons

1. The reasons why this Court uses this part of the basic facts are as stated in Paragraph 1. of the reasoning of the judgment of the court of first instance, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment as to the primary cause of claim

A. The gist of the claim 1) The reasons why the Plaintiff’s use of this part was made are as follows: (a) Defendant B failed to perform the obligation under the first sale contract inasmuch as the contract was rescinded or terminated by the Defendant B’s notice of cancellation due to the Plaintiff’s nonperformance of obligation; (b) Defendant B failed to perform the obligation under the first sale contract, inasmuch as the contract was rescinded or terminated by the Defendant B’s notice of cancellation due to the Plaintiff’s nonperformance of obligation; and (c) Defendant B failed to perform the obligation under the first sale contract.

The plaintiff's assertion on the premise that the defendant C and D infringed the plaintiff's right to claim ownership transfer according to the first sale contract is without merit.

B. The reasons why the court used for this part of the cancellation of the first sale contract due to the first cancellation notification as to the cancellation of the contract are as follows: 2. The reasons for the first instance judgment.

B. 1) and (b) are the same as indicated in Articles 420(a) and (b) of the Civil Procedure Act, and thus, they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. 2) In order for a contract to be rescinded upon rescission of an agreement (family judgment) to be rescinded or agreed, there is a requirement that the opposite expression of intent, namely, an offer and acceptance, which would extinguish the validity of the agreement, would be consistent with the case of a contract generally established. For such an agreement to be concluded, the content of the intent expressed by both parties must be objectively identical, and the cancellation of the agreement or the termination of the agreement may be implicitly agreed. However, in order to have an implied agreement rescinded

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