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 defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the evidence submitted in the court of first instance is examined together with the evidence submitted in the court of first instance (written evidence Nos. 9 through 11, No. 8 through 9). The fact-finding and judgment of the court of first instance are justified.

Therefore, the reasoning for the court's explanation on the instant case is as stated in the reasoning of the judgment of the first instance except for the defendant's new argument that is favorable to the present court, as stated in paragraph (2) below. Thus, this Court cites it as it is by the main text of Article 420

2. Additional determination

A. On August 16, 2016, when the payment date of the remainder was set aside, the Plaintiff did not provide legitimate performance because the Plaintiff did not hold funds for the payment of the remainder at the time of the payment date. On August 16, 2016, when the payment date of the remainder was set, the Plaintiff asserted the Defendant’s cause attributable to the Defendant, and requested the rescission of the instant sales contract, and expressed its intent not to perform its obligation.

Since the Defendant rescinded the instant sales contract on August 29, 2016 on the ground of the Plaintiff’s expression of intent to refuse performance, it did not have any obligation to transfer and deliver the instant real estate to the Plaintiff.

B. In general, when one party expressed an intention not to perform his/her obligation in advance in a bilateral contract, the other party may rescind the contract without demanding performance or providing for the performance of his/her obligation. Whether such an intention is expressed shall be determined by comprehensively examining the other party’s behavior and specific circumstances before and after the contract. Even if one party provides performance, it is objectively apparent that the other party would not perform his/her obligation, or even if it is objectively apparent that the other party is objectively unable to perform his/her obligation within a reasonable period, that party’s obligation is its own obligation.