1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The grounds for the quoted decision of the court of first instance are as follows, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, given that the grounds for the quoted decision of the court of first instance other than the entry by the following paragraph 2.

2. In addition, the entry "The entry of evidence No. 3 of the judgment of the court of first instance" in Part II shall be changed to "each entry of evidence No. 3 and No. 4 of the judgment of the court of second instance".

From "the notification" of the third part of the third part of the judgment of the court of first instance to "the notification" of the third part of the same paragraph shall be as follows, and shall be stated in the following:

Around September 8, 2008, when the plaintiff's answer was made, the plaintiff had determined the objection period as of September 17, 2008, and expressed his intent to cancel the sales contract of this case and to confiscate the down payment. Accordingly, on September 16, 2008, the plaintiff, without regard to the plaintiff's performance or the defendant's provision of performance, shall be regarded as not performing administrative procedures for the sake of legal validity in respect of this case.

In addition, I consider that there is no malicious situation such as the failure to refund the already paid down payment.

It is recognized that the plaintiff sent a content-certified mail stating "," and thereafter, the plaintiff did not pay a balance to the defendant for about ten years until the lawsuit of this case is brought, and did not claim the return of the down payment.

According to these facts, there is no cause attributable to the Defendant in relation to the performance of the instant sales contract, while there is a cause attributable to the Plaintiff for delaying the payment of the remainder for a long time, and the Defendant’s notice of cancellation was requested to return the down payment only on the premise of cancellation without any legal issues, such as providing the Defendant with performance.