All appeals are dismissed.

Costs of appeal shall be borne by each party.

The grounds of appeal are examined.

1. As to the Plaintiff’s grounds of appeal, the lower court: (a) premised on the Plaintiff’s remaining payment obligation and the Defendant’s duty to deliver written consent to the collection of earth and rocks to Nonparty clan simultaneously performed; (b) held that the cancellation of the instant contract is unlawful on the grounds that the Plaintiff cannot receive the written consent to the collection of earth and rocks from the Defendant on April 26, 2010, while not paying the price to the Defendant, on the grounds that the Plaintiff could not receive the written consent to the collection of earth and rocks from the Defendant; (c) on the grounds that the period for the collection of earth and rocks expires, the lower

Furthermore, the lower court determined that, while both the Plaintiff and the Defendant did not perform their obligations under the instant contract, the period for permission to collect earth and stones expires, and thus, the Defendant was not liable for damages due to nonperformance of obligations under the instant contract.

Examining the record in light of the relevant legal principles, the said determination by the lower court is justifiable, and contrary to what is alleged in the grounds of appeal, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the

2. As to the Defendant’s ground of appeal

A. In the case of the cancellation of a contract due to a default, the intention of refusal is expressed in advance, and in the case of the cancellation of the contract due to the so-called "non-performance", the requirements for the cancellation of the contract are very mitigated in comparison with the cancellation of the contract at the time of the delay of performance because it does not require the peremptory notice and the offer for the performance of one's own obligation in simultaneous performance relationship. Therefore, in case of recognizing implied intention of refusal of performance by taking into account the various circumstances after the time of the contract