계약금 반환
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. The reasoning for the court’s explanation concerning this case is as stated in the first instance court’s reasoning, except for the parts which are dismissed or added as stated in the second instance court’s decision, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The phrase “this Court” of the first instance court’s decision that is dismissed or added shall be considered as “the first instance court” collectively.
From 9th to 11th of the decision of the first instance, the 13th to 11th of the decision is as follows.
B. First of all, we cannot accept the Plaintiff’s assertion on the premise that the change of the use of the 5th and the 6th class of the child care center of this case was subject to the contract for the sale of the child care center of this case, since there is no evidence to acknowledge it.
Meanwhile, if the change of the use of the 5th and the 6th floor of the child care center of this case was not a prerequisite stipulated in the child care center sales contract of this case, the child care center sales contract of this case can be seen as a valid contract only if it is possible to approve the change of the representative according to the current situation at the time of the contract. As a result, the child care center sales contract of this case is null and void
However, as seen below, since the Plaintiff may change the purpose of use necessary for the change of the representative after the transfer of the child care center of this case, it cannot be readily concluded that the contract of this case did not state the change of the purpose of use as a premise for the change of the purpose of use in the child care center as of the time of the contract without changing the purpose of use.
Therefore, the sales contract of this case cannot be deemed null and void merely because it is impossible to change the representative without any change in the purpose of use.