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(영문) 부산지방법원 2021.01.20 2020나50546
계약금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and the appeal shall be 1.

Reasons

The reasoning of the judgment of this court, which cited the judgment of the court of first instance, is the same as that of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part II is added to the following as at the last day of the Schedule:

- This contract becomes void when the pharmacy does not run under the existing terms and conditions (2.5 million won a monthly rent of 200 million won a guarantee) in the commercial building (F subparagraph) of this contract, and the seller shall refund the down payment to the buyer without any condition.

- Part 3 5 Happed in the following manner:

D No. 5 remains as a factory office until November 4, 2020, which is the closing of the oral argument at the trial of the party.

Part 3 Beginning 4, Section 9, on the last page of the conduct, shall be conducted in the following manner:

The purpose of the purchase and sale contract of this case to be concluded by the Plaintiff was to lease the instant real estate located on the first floor of the same building as a pharmacy and to gain profits above a certain level, and thus, the establishment of the hospital's sales or sale was an essential condition or condition for the acquisition of the instant real estate (payment of the remainder), and the special agreement of this case was stated that the contract becomes null and void when the instant real estate is not leased as a pharmacy according to the existing terms and conditions of the lease (2.5 million won a monthly rent in the guarantee money), and that the contract of this case is not leased as a pharmacy, and it is not mentioned as to the return of the balance or the extension of the payment date until the date of the remainder payment until the hospital's sales or the date of the remainder payment until the hospital's sales, and that the Defendant is making efforts for the hospital's sales or sale.

In view of the above, the invalidity of the instant sales contract depends on the Defendant’s will, and the Plaintiff should acquire the instant real estate without entering the hospital, and it is difficult to lease the instant real estate to a pharmacy for an indefinite period until the hospital actually enters the hospital even after the hospital.

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