The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. The reasoning for the judgment of the first instance court on basic facts is the same as that for the judgment of the first instance, thereby citing it as it is in accordance with the main text

2. Summary of the parties' arguments

A. In the principal of the Plaintiff’s assertion, the instant sales contract was lawfully rescinded by delivery of a copy of the complaint of this case by the Plaintiff’s declaration of rescission on the grounds of violation of paragraphs (3), (4), and (5) of the Defendant’s special agreement, and the Defendant is obligated to return the down payment to the Plaintiff as its reinstatement.

In addition, since the Defendant sold the instant land and building to the landowner who will consent to use the passage route, it shall not refuse to return the down payment to the Plaintiff in accordance with the concept of justice and the principle of equity.

Preliminaryly, the instant sales contract was concluded at the end of the Defendant’s false statement that the instant building does not have the way to enter the vehicle through the front end, but the passage is secured. Since the instant sales contract was lawfully revoked by delivery of a copy of the instant complaint by the Plaintiff’s declaration of revocation on the grounds of deception by the Defendant, the Defendant is obligated to return the down payment amount of KRW 60 million to the Plaintiff as its restitution.

B. Although the Defendant’s assertion did not violate any special agreement, the Plaintiff clearly expressed his intent not to pay any balance while filing the instant lawsuit without paying the remainder. Accordingly, during the course of the instant lawsuit, the Defendant expressed his intent to rescind the contract by means of content-certified mail to the effect that the Plaintiff’s breach of contract belongs to the Defendant.

Therefore, since the sales contract of this case was lawfully cancelled due to the reasons attributable to the plaintiff at that time, the plaintiff's claim to return the down payment

(Colonel, even if the plaintiff's fault is not recognized, the sales contract of this case is cancelled by the implied agreement of the parties).3.