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

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A. In the case of the cancellation of a contract due to a default, where the intention not to perform in advance is expressed in the case of the cancellation of contract due to the so-called “non-performance”, the requirements for the cancellation of contract are very mitigated in comparison with the cancellation of the contract at the time of the delay of performance because the other party’s peremptory notice and simultaneous performance are not required. Thus, in order to recognize implied intent for the refusal of performance by taking into account the various circumstances after the contract or after the contract, the intention of refusal should be clearly acknowledged in light of the

(See Supreme Court Decision 2004Da22971 Decided November 9, 2006, and Supreme Court Decision 2010Da77385 Decided February 10, 201, etc.) B.

The lower court: (a) under the circumstances stated in its reasoning, (i) the instant sales contract was concluded verbally on May 29, 2006, and there was no provision regarding the payment of the remainder after paying the down payment and the intermediate payment; (b) the Plaintiff appears to have requested the payment of the remainder within 14 days as the Defendant demanded the payment of the remainder within the said nine-year period, and thus, the Plaintiff cannot be deemed to have clearly refused the payment of the remainder; and (c) the Plaintiff did not have explicitly expressed its intention to “not paying the remainder” or “not cancelling the instant sales contract,” and rather, applied for the provisional disposition prohibiting disposal of the instant land against the Defendant; and (d) in full view of the fact that the Plaintiff continuously expressed its intent to implement the instant sales contract, such as requesting the Defendant to extend the payment period of the remainder, or paying the remainder by means of money transfer or postal money order, etc., solely on the ground that the Plaintiff demanded the payment notice for performance by the Defendant.