1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. On June 24, 2013, the Plaintiff purchased from the Defendant for KRW 32,172m2 (hereinafter “instant forest”) for KRW 60,00,000 on the same day, and paid KRW 20,000,000 on the same day the down payment, and the remainder amount of KRW 40,000,000 is to be paid by August 30, 2013 (hereinafter “instant sales contract”) does not conflict between the parties.

2. Summary of the parties' arguments

A. On July 24, 2015, the Plaintiff notified the Defendant of the execution of the procedure for the registration of ownership transfer, etc. on the ground that the Defendant did not perform his/her obligations. As such, the Plaintiff notified the Defendant of the cancellation of the instant sales contract on August 17, 2015.

Since the sales contract of this case was cancelled, the defendant is liable to pay the plaintiff the down payment of KRW 20,000,000 and the delay damages.

B. On August 30, 2013, the remainder payment date, the Defendant notified the Plaintiff of the performance of the obligation to pay the remainder, with the documents necessary for the registration of transfer of ownership on August 30, 2013, and the Plaintiff did not perform the obligation even if the remainder payment date was extended by one month.

The defendant revoked the sales contract of this case and notified the defendant that the down payment will be confiscated by the plaintiff around one month.

Therefore, we cannot accept the plaintiff's claim.

3. Determination

A. The plaintiff and the defendant asserted that the sales contract of this case was terminated due to the other party's default, and first, we examine whether the sales contract of this case was terminated by the defendant's right of rescission prior to the plaintiff's right of rescission.

Comprehensively taking account of the evidence Nos. 1, 2-1 and 2-2 of the evidence Nos. 2, and the testimony and the purport of the whole pleadings of the party witness D, the Defendant, on August 30, 2013, which was the remainder payment date, visited the office of the licensed real estate agent, which was the remainder payment place, with documents necessary for performing the Plaintiff’s obligation to pay the remainder and the obligation to register ownership transfer in concurrent performance relations.