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. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the addition of the judgment on the assertion that the plaintiff needs to be newly admitted by this court, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil

(2) The Plaintiff, while entering into the instant sales contract, agreed to complete the registration of ownership transfer by dividing the instant road site into 1/2 and selling the instant road site to I, on the following grounds: (a) the Plaintiff, at the time of entering into the instant sales contract; and (b) the Plaintiff, at the time of entering into the instant sales contract, sold the instant road site to I.

In the case of the cancellation of a contract due to the default of obligation, the requirements for the cancellation of the contract are mitigated when compared with the rescission of the contract at the time of the delay of performance because the other party's peremptory notice and the other party's offer of performance is not required in the case of the cancellation of the contract due to the default of obligation. In order to recognize implied intention of refusal of performance by taking into account the various circumstances after the time of the contract or after the contract, the intention of refusal should be clearly recognized in light of the circumstances.

(see, e.g., Supreme Court Decision 2010Da77385, Feb. 10, 201). Each statement in the Evidence Nos. 1 and Nos. 1, 3, 5, 6, and 7 (including the serial number) may add the purport of the entire pleadings to the following circumstances. In other words, the Plaintiff and the Defendant stated that “the Defendant shall share half of the site of this case to the Plaintiff as the special terms and conditions of the instant sales contract,” and that “the instant road site is the land used as the factory site of this case and the access road to its adjacent land, and the Defendant sold the instant road site to I.