The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 2

A. Where a debtor clearly expresses his/her intent not to perform his/her obligation, the creditor may cancel the contract, or claim damages against the debtor on the grounds of non-performance refusal, without the notice of performance, even before the due date is due under the principle of good faith. Whether the debtor clearly expresses his/her intent not to perform his/her obligation should be determined by comprehensively examining the behavior of the party and the specific circumstances before and after the

(See Supreme Court Decision 2004Da53173 Decided August 19, 2005, and Supreme Court Decision 2005Da63337 Decided September 20, 2007, etc.) B.

The judgment below

According to the reasons and the evidence duly admitted and the record, the following facts can be revealed:

(1) On July 5, 2007, the Defendant entered into an agency contract for the implementation of the project of the Dongjak-gu Seoul Metropolitan Government Regional Housing Association (hereinafter “instant implementation agency contract”) with C Co., Ltd. (hereinafter “C”), and delegated the authority on the land purchase business, the authorization and permission business, the management business, the contribution management business, the recruitment of union members (resident and general sale) business, etc. to C.

(2) On September 3, 2007, C agreed to supply Egypt purchase of land and buildings within the pertinent project district from Egypt Association (hereinafter “Egypt Association”) to Egypt, separately from the purchase price, at the time of joining the association (hereinafter “instant purchase right”).

(3) On March 24, 2008, the Plaintiff decided to acquire the sales right of this case from the Edgys Association KRW 43,000,000, and paid KRW 43,000,000 to Edgys Association.

(4) On the same day, the Plaintiff entered into an agreement to enter into an association with the amount of KRW 561,240,000 (hereinafter “instant agreement to enter into an association”) with the Defendant as the subject-matter of the instant right to sell the shares of the association members, and the amount of business promotion expenses of KRW 15,00,000 and the share of KRW 54,624.