1. The plaintiff's primary claim extended and added in the trial room and the plaintiff's appeal are all dismissed.

2. Appeal;

Basic Facts

In this part, the reasons for this court's statement are as follows, and it is identical to the corresponding part of the judgment of the court of first instance, so it is citing it as it is by the main text of Article 420 of the Civil Procedure Act.

The "price paid by the defendant" in Article 3 (4) of the main contents of the third sale contract of the judgment of the court of first instance shall be adjusted to "price paid by the plaintiff".

Even if the Plaintiff failed to pay the remainder of the purchase price as extended by an agreement with the Defendant until the date of the payment of the remainder, the Plaintiff’s obligation to pay the remainder and the Defendant’s obligation to deliver ownership transfer documents are concurrently performed. Therefore, the Defendant may rescind the sales contract following the remainder payment date with a reasonable demand notice for performance, along with providing the Plaintiff with providing the documents necessary for the registration of ownership transfer and notifying the Plaintiff of the registration of ownership transfer.

However, since the defendant notified that he will cancel the sales contract without giving notice of performance or giving notice of performance, the defendant's expression of intent to cancel is invalid and the sales contract of this case still remains valid.

Nevertheless, the Defendant’s obligation to transfer the Defendant’s ownership according to the instant sales contract was impossible by selling the instant land to G and completing the registration of ownership transfer by undergoing the reauction procedure for the instant land.

Accordingly, the plaintiff cancels the sales contract of this case on the ground of the defendant's default.

Therefore, the defendant is liable to pay the down payment, etc. received from the plaintiff as restitution or damages.

Judgment

If the authenticity of a disposal document is recognized, it shall be objectively interpreted that the parties have expressed their intent in accordance with the contents of the language stated in the disposal document, unless there are special circumstances, and the contract interpretation between the parties is surrounding.