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 grounds for appeal by the defendant for the acceptance of the judgment of the court of first instance are as alleged in the first instance, and the evidence submitted to the court of first instance is proved in the evidence No. 3-1 and No. 2 submitted by the defendant at the court of first instance, and even if the purport of the whole pleadings is expressed in each of the statements No. 3-2 submitted by the defendant at the court of first instance, the recognition of facts

Therefore, the reasoning of the judgment of this court is that the plaintiff of the third party 12 of the judgment of the court of first instance is "the defendant," and the defendant's assertion that the defendant stressed or added at the trial of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments, and therefore, it is accepted by the main text of Article 420 of

2. Additional determination as to the defendant's assertion

A. In a case where one of the parties to a sale delivers money and other things to the other party as contract deposit at the time of the contract, unless otherwise agreed by the parties, the delivery agent shall waive it, and the receiver may rescind the contract by repayment of the double amount, and the buyer may rescind the contract.

Since Article 565 of the Civil Act is excluded from the application of “other agreements” as stipulated in the above, the Defendant asserts that the instant sales contract was lawfully rescinded upon the Defendant’s exercise of the right of rescission as long as the Defendant deposited a double amount of the down payment on May 10, 2017, prior to the payment date of the remainder under Article 5 of the instant sales contract.

On the other hand, Article 5 of the sales contract of this case provides that the buyer shall reimburse the seller the amount of the down payment, and the buyer may waive the down payment and rescind the contract, as seen earlier, until the buyer pays the intermediate payment (in the absence of the intermediate payment agreement, the remainder) to the seller.

However, the time when the Civil Code article 565 exercises the right of rescission shall be one of the parties.