1. The defendant's appeal is dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Purport of claim and appeal

1..

1. The reasoning of this Court’s judgment cited in the judgment of the first instance is as follows, and such reasoning is identical to the reasoning of the judgment of the first instance except for the following “the amended part of 2.0” and thus, it is acceptable in accordance with the main sentence

2.In the case of the modification two pages 15, the following shall be added:

The purpose of Article 1 (Purpose of this Agreement is to prescribe the rights, obligations, and scope of 'A' and 'B' following the conclusion of this Agreement in purchasing all lots of land subject to the project including the real estate owned by "A" and the real estate owned by "A" and conducting a multi-family housing construction project prescribed by the Housing Act.

From 7 pages 19 to 9, the following shall apply to 7 pages 1:

3. Judgment on the defendant's assertion

A. The Defendant asserted that the instant sales contract and the amendment contract were concluded to implement the apartment house construction business, and that the business fund was entrusted to the trust company, and the trust company received the sales price from the trust company and paid it to the Plaintiffs after completing the divisional registration on the instant land.

The Plaintiffs also notified the Defendant of the performance of the obligation to pay the remainder of the instant land among the instant land in relation to the obligation to pay the remainder, which was known of such circumstances at the time of the instant sales contract and the instant modified contract, without performing the registration procedure for partition. As such, the rescission made on the ground of the Defendant’s delay of the payment of the remainder is unlawful.

B. Determination 1) In the case of a bilateral contract with simultaneous performance, a person who intends to rescind a contract on the grounds of the other party’s nonperformance of obligation is required to provide performance of his/her own obligation related to the simultaneous performance (see, e.g., Supreme Court Decision 85Meu2197, Jan. 20, 1987). If a bilateral contract requires strict performance of one party’s own obligation to cancel the bilateral contract, the other party acting in good faith.