The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

1. Basic facts

A. On April 9, 2018, the Plaintiff and the Defendant drafted a sales contract with the content that the Plaintiff purchases from the Defendant the Bupyeong-gu Incheon metropolitan building and D (hereinafter “instant housing”) the purchase price of KRW 55 million (hereinafter “instant sales contract”).

B. The instant sales contract was signed with the purport that the payment date of the remainder is not designated, and the Defendant received KRW 10 million as the down payment under the said sales contract.

C. On May 16, 2018, the Plaintiff sent to the Defendant a content-certified mail demanding “to receive the instant notice from a law firm office by attending a certificate of personal seal impression, a certificate of registration of real estate rights, etc., as the Plaintiff would prepare for the remaining amount of KRW 45 million until July 20, 2018” (hereinafter “instant notice”).

[Ground for recognition] A without dispute, Gap evidence No. 1 [a sales contract, defendant's assertion of forgery of this document, but it is difficult to see that it was forged in light of Gap evidence No. 5 and the purport of the whole pleadings], Gap evidence Nos. 2 and 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion is to seek the return of the down payment on the ground that the contract was rescinded due to the Defendant’s nonperformance of obligation.

Accordingly, the defendant asserts that the contract was rescinded due to the plaintiff's default, and the down payment was estimated to be compensated for damages, and no obligation exists

B. Determination 1) Where one party to a bilateral contract offers performance only once during the due date and makes the other party enter into a delay of performance, a party who gives notice of performance under the principle of trust and good faith does not need to continue to perform his/her obligation, even if the other party does not have to perform his/her obligation, and thus, the right to terminate the contract is extinguished if the other party provides performance or performance within the highest period of time, and is prepared to the extent that the other party can receive performance and perform his/her obligation (see, e.g., Supreme Court Decision 196Da