1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff, without setting the due date between the Defendant and the Plaintiff, concluded a contract under which the Defendant purchased the commercial site sold in Korea Land Corporation and transferred part thereof to the Plaintiff (hereinafter “instant contract”).

Accordingly, on November 27, 2001, the Plaintiff withdrawn KRW 23,000,000 from the Plaintiff’s bank account in the name of the Plaintiff, and then remitted the said sales amount to the account of the Korea Land Corporation with the remitter indicated as the Defendant, but the Defendant did not purchase the commercial site to the Plaintiff until now.

B. The Plaintiff expressed his/her intent to rescind the instant contract on the ground that the Defendant did not perform his/her duty to transfer the said commercial site by serving the duplicate of the instant complaint on November 19, 2013. The duplicate of the instant complaint was served on the Defendant on November 19, 2013.

C. The Defendant denied the conclusion of the instant contract, or responded to the effect that the Plaintiff’s right under the instant contract was extinguished due to the expiration of the extinctive prescription.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2-1 and 2, and fact-finding results of this court's fact-finding on the Korea Land and Housing Corporation, the purport of this court's obvious facts and the whole

2. Where the obligor clearly expresses his/her intent not to perform the contract as to the cause of the claim, the obligee may rescind the contract or claim damages against the obligor on the ground of the obligor’s refusal to perform the contract without the notice of performance. Whether the obligor clearly expresses his/her intent not to perform the contract should be determined by comprehensively examining the behavior of the parties to the contract and the specific circumstances before and after the contract.

(See Supreme Court Decision 2004Da53173 Decided August 19, 2005). In light of the above fact of recognition, the Defendant is the Plaintiff’s commercial site according to the instant contract.