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 scope of the judgment of the court of first instance is to dismiss the plaintiff's primary claim, and to accept the conjunctive claim (a confirmation of cancellation of contract), and the defendant appealed only. Thus, the scope of the judgment of this court is limited to the part concerning the plaintiff's conjunctive claim.

2. Basic facts

A. On March 16, 2016, the Plaintiff sold D land, ground buildings, and machinery and equipment located in Gyeongsung-gun (hereinafter “instant transaction object”) in 8.3 billion won to D.

(hereinafter “the first sale contract of this case”). B.

On April 28, 2016, the Plaintiff concluded a new contract with the Defendant, a company established D, to change the parties to the above sales contract, payment method of the purchase price, etc.

(hereinafter referred to as “instant revised contract,” and D signed the instant sales contract as “joint and several guarantors,” both of the initial sales contract and the instant sales contract.

C. On May 31, 2016, the Plaintiff completed the registration of ownership transfer on the instant sales object to the Defendant, and delivered the said sales object.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3 through 6 (including paper numbers), the purport of the whole pleadings

3. The Plaintiff asserted that the Plaintiff fulfilled all obligations under the instant sales contract, such as delivering the subject matter of the instant sales to the Defendant and completing the registration of transfer of ownership, etc., and requested the Defendant to pay the purchase price several times. However, the Defendant failed to pay the purchase price on the ground that the loan became known, and the Plaintiff notified the Defendant that he would rescind all the instant sales contract unless the obligation to pay the purchase price was not performed within a reasonable period.

Even after receiving the above notification, the Defendant did not pay the purchase price at all, and the instant sales contract was rescinded by the Plaintiff.

However, since the defendant is dissatisfied with the cancellation of the contract of this case, the plaintiff's confirmation is confirmed.