The case holding that the contract may be rescinded without a peremptory notice for performance

If the purchaser of a standing timber did not cut the standing timber within the agreed period of deforestation and neglected it without cutting it for 26 years in the past or without cutting it, it shall be deemed that the purchaser had no intention to cut the standing timber, barring special circumstances. In such a case, the seller may cancel the contract immediately without giving a peremptory notice for performance.

Article 544 of the Civil Act

65Da45 delivered on January 18, 1966 (Supreme Court Decision 74Da1437 delivered on January 14, 1975, 1966)

Plaintiff

Defendant

Daegu District Court of First Instance (72Gahap83, 72Gahap83, supra)

The part against the defendant in the original judgment shall be revoked.

The plaintiff's claim is dismissed.

All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.

(1) Main intent of the claim

The defendant shall deliver to the plaintiff 40 to 1,862 1,862 dives (46,270 dives) loaded on the 49 forest land in Seogjin-gun, Seogjin-gu, Seogjin-gu. 49 forest land.

If the above extradition execution is impossible, the amount of 60 won per re-delivery will be paid. Litigation costs will be borne by the defendant.

A provisional execution may be carried out only under paragraph (1).

(2) Claim of the preliminary claim

The defendant shall pay to the plaintiff 1,65,720 won with an annual interest rate of 5 percent from December 20, 1971 to the full payment.

Litigation costs shall be borne by the defendant.

A provisional execution may be carried out only under paragraph (1).

The same shall apply to the order.

As there is no dispute over the portion of evidence evidence of subparagraphs 1, 3, and 5, there is no dispute over the establishment of Gap's evidence Nos. 2, 7, which is presumed to be the whole authenticity, and considering the whole purport of the parties' pleadings in the testimony of non-party 1, the plaintiff purchased from the defendant's deceased non-party 2 on December 25, 194 the plaintiff's statement Nos. 2, 3,100 won during the period of felling three degrees or more of the 5th half of the 5th half of the 5th half of the 49th half of the 49th half of the 49th half of the 49th half of the 49th half of the 49th half of the 5th half of the 1945. The fact that the above witness was paid to the non-party 3,100 won (one day of the 3,190th of the 195.

However, the plaintiff's attorney is unable to recover from the above 53 forest land for the above 49 forest land because it was hard for the seller to do so within the above 53 forest land, but the non-party 2 was unable to do so for a long time due to the non-party 2's missing owner's non-party. The non-party 2 was removed from the adjudication of disappearance on February 27, 1968, and the defendant, an inheritor of the deceased's estate, purchased the above 40 to 60 years forest land's growth and cutting it to the above 1,862 forest land's original trees (46,270) for the above 1,62 forest land's non-party 2's non-party 2's non-party 2's non-party 2's non-party 1's non-party 2's non-party 1's non-party 2's non-party 2's non-party 1's non-party 2's non-party 1's allegation.

Therefore, since it is clear that the plaintiff's principal claim and each conjunctive claim based on the premise that the contract for the sale and purchase of standing timber remains in force is no longer reasonable, it is unfair that the part against the defendant in the original judgment should be dismissed, since the part against the defendant in the original judgment is unfair with different conclusions, so it is so decided as per Disposition by applying Articles 96 and 89 of the Civil Procedure Act as to the bearing of litigation costs, and by applying Articles 96 and

Judges Kang Jae-hee (Presiding Judge)