주거이전비등
1. The plaintiff's appeal is dismissed.
2. The plaintiff's claim extended by this court is dismissed.
2...
1. The reasoning for this part of the reasoning of the judgment of the court is the same as that of the judgment of the court of first instance. Thus, this part of the reasoning of the judgment is cited by the main sentence of Article 420 of the Civil Procedure Act
2. Determination
A. The interpretation of a declaration of intent is clearly confirming the objective meaning which the parties have granted to the act of expressing the intent, and if the objective meaning of the text is clear, the existence and content of the declaration of intention shall be recognized unless there are special circumstances. However, in a case where the objective meaning of the text is not clearly expressed, regardless of the party’s internal intent, it shall be reasonably interpreted in accordance with logical and empirical rules, social common sense, and common sense and transaction norms so as to conform to the concept of social justice and equity, by comprehensively examining the contents of the text, the motive and background leading up to the conclusion of the contract, the purpose and genuine intent to be achieved by the party to the contract, and transaction practices, regardless of the party’s internal intent.
B. In light of the following facts and circumstances, which are acknowledged as a whole with the overall purport of the pleadings as to the items of evidence Nos. 2, 3, and 1 and 2, it is reasonable to view that the Defendant’s adjustment to pay KRW 55 million to the Plaintiff separately from the deposit money includes the resettlement money, housing relocation expenses, and directors’ expenses.
① The instant protocol of conciliation filed by the Defendant against the Plaintiff (hereinafter referred to as “instant protocol of conciliation”) in the form of a lawsuit claiming the name map of a building filed by the Defendant against the Plaintiff (Seoul District Court 2016Gahap50988)
2. Paragraph (c) provides, “The Plaintiff shall deliver the instant real estate to the Defendant by September 3, 2016, on the condition that the Plaintiff will make a prior payment of KRW 5 million. If the Plaintiff does not deliver it, the Defendant may proceed with the removal of the said real estate, and the Plaintiff shall not raise a civil or criminal objection against it.”