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(영문) 부산고등법원(창원) 2020.08.27 2019나12162
계약금 등 반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Accordingly, the reasoning of the judgment of this court is as follows, and it is identical to the reasoning of the judgment of the court of first instance, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The sales contract of this case No. 15 of the third part of the judgment of the court of first instance, which is used or added, shall be deemed to be the “instant supply contract,” and the “instant accommodation facilities” of No. 3 and No. 4 of the judgment of first instance shall be deemed to be the “instant collective building,” respectively.

Part 6 through 8 of the first instance judgment shall be followed as follows.

Recognizing that the Defendant is liable to manage and operate the aggregate building of this case as in this case, the Defendant concluded a contract or agreement to perform its obligations and filed a report on accommodation business. Although the Defendant asserted that the instant collective building does not bear the obligation to manage and operate the instant collective building, it cannot be said that the Defendant finally expressed his intention not to manage and operate the instant collective building on this ground. 5th of the judgment of the first instance court of “No. 10 through 15th of the judgment of the first instance are as follows.”

According to the statements in Gap evidence 2 and Eul evidence 13, Article 2 (3) of the supply contract of this case provides that "If a buyer becomes unable to use within three months from the scheduled date of use due to a cause attributable to the defendant, he/she may cancel this contract." The scheduled date of use under the supply contract of this case is recognized as February 28, 2018.

However, the instant supply contract stipulates the scheduled date of use as “the date on which the sale building is anticipated to obtain approval for use”.

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