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(영문) 수원지방법원 2019.04.24 2018나71861
매매대금
Text

1. The defendant's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added an additional determination as to the assertion added by the court of first instance as follows. Thus, it is acceptable to accept it as it is in accordance with the main sentence of

2. Additional determination

A. 1) The defendant asserts that the contract of this case cannot be rescinded on the ground that the terms of the contract of this case, which is merely an incidental obligation, are merely an incidental obligation, and that the terms of the contract of this case asserted by the plaintiff cannot be rescinded on the ground that the contract of this case was not fulfilled. 2) In order to cancel the contract on the ground that the contract of this case was not performed on the ground that the contract of this case was performed on the ground that it was not necessary to achieve the purpose of the contract of this case, and that the seller was not deemed to have concluded the contract of this case on the ground that the contract of this case was not performed on

In distinguishing the main and incidental obligations from among many contractual obligations, when concluding a contract, regardless of the independent value of the performance, it shall be determined by the reasonable will of the parties expressed or clearly expressed in the situation at the time of signing the contract, and such various circumstances as the result of failure to perform the purpose of the contract shall be considered.

(3) The purpose of the instant sales contract is to transfer the ownership of the forest of this case and to pay the purchase-price, in light of the above legal principles, as follows: (i) the purpose of the instant sales contract is to transfer the ownership of the forest of this case and to pay the purchase-price, and (ii) the Defendant, the seller, in light of the special circumstances.

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