1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasons for the court's explanation of this case are as follows, except for the addition of the following "2. Additional Judgment" as to the argument added by the defendant in this court, and therefore, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts that the sales contract of this case was cancelled due to the plaintiff's delay or non-performance of the obligation to pay the remainder, i.e., the plaintiff's delay or non-performance, and that the defendant has no obligation to pay the contract deposit

On July 8, 2016, the Plaintiff delayed the performance of the obligation to pay the remainder for a considerable period of time, and sent to the Defendant a certificate of content that the Defendant refuses to perform the obligation to pay the remainder if the access road to the land adjacent to the instant case is not secured. However, the above fact of recognition alone is difficult to deem that the Defendant rescinded the instant sales contract on the ground of the Plaintiff’s delay of performance or refusal of performance, and there is no other evidence to acknowledge it.

Therefore, the defendant's assertion based on the premise that the sales contract of this case was terminated due to the plaintiff's cause is without merit.

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.