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(영문) 부산고등법원(창원) 2019.11.21 2019나10272
계약해제확인 청구의 소
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

The reasoning for the court's explanation of this case is as follows, and the reasoning for the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the case where the defendant makes an additional determination as to the argument that was made by the court of first instance as set forth in paragraph (3). Thus, this part of the court of first instance as to "the arrival of the deadline for payment of balance and the cancellation of the contract of this case" as set forth below.

Although the Defendant obtained approval of the housing construction project plan for the place of business including the instant real estate from the Scheon Market on December 22, 2017, the remainder payment period under Article 2(2) of the instant sales contract (one month after approval of the aforementioned project plan) and the time at which the right to cancel the contract under Article 10(1) occurs (60 days after the due date for the payment of the remainder payment). The Plaintiffs completed the preparation of documents necessary for the registration of transfer of ownership, such as the issuance of a certificate of personal seal impression for real estate sale on September 17, 2019, and completed the payment of the remainder payment to the Defendant by September 26, 2019, “if the Defendant fails to pay the remainder by September 26, 2019, each of the instant sales contracts shall be terminated” and the remaining payment was not made within the scope of 0 days from September 10, 2019, including the Plaintiffs’ expression of intent to cancel each of the instant sales contracts on the grounds of delay in the payment of the remainder.

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