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 defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and even if the evidence submitted in the court of first instance was presented to this court, the recognition of facts in the court of first instance and the judgment are justified.

Accordingly, the reasoning for this Court concerning this case is that it is identical to the reasoning for the judgment of the first instance except for adding the following matters, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil

2.In addition, the following shall be added to the sixth first instance judgment of the first instance.

Meanwhile, the Defendant asserted in the instant complaint that only the highest effect of performing the contract upon the Plaintiff’s declaration of intent to cancel the contract, and that the effect of cancelling the contract may not occur. However, as seen earlier, the Defendant clearly expressed his intent not to perform the Defendant’s obligation to pay the remainder under the instant re-contract prior to the instant suit.

Therefore, it is reasonable to view that the plaintiff can rescind the contract on the ground of the debtor's non-performance refusal without the notice of performance in the complaint of this case.

(In addition, as long as the contract is rescinded as the service of the complaint of this case, the effect of termination of the contract shall not be retroactively extinguished because the defendant expressed his intention to perform the contract after the cancellation of the contract). The following contents shall be added after the sixth 18th of the judgment of the court of first instance.

4 In addition, the defendant asserts to the effect that the contract rescission cannot be made even if the defendant failed to fulfill his obligation to pay the remainder, since the plaintiff did not fulfill his obligation to cooperate in the cancellation of attachment as the plaintiff's obligation to pay the balance under the re-contract of this case, although the defendant was obligated to cooperate in the cancellation of

In full view of Gap evidence 1-1, 2, 5, Eul evidence 5-1, and Eul evidence 52-1, 1.