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(영문) 제주지방법원 2017.05.24 2016나6910

소유권이전등기

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the following parts written or added. Thus, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or supplementary parts] Part 2 of Part 11 of Part 2, "5,00,000" shall be added to "5,50,000 won".

“Article 3-

A. The following are added to the relevant item of “whether the instant contract has been concluded” (as seen earlier, the fact that E entered into the instant contract on behalf of the Defendant with the Plaintiffs is as follows. Meanwhile, Article 116(1) of the Civil Act provides that “If an expression of intent is affected by a defect of intention, fraud, coercion or negligence, the existence of such fact shall be determined on the basis of an agent’s standard.”

Therefore, even though the Defendant, as the principal, did not know the Plaintiffs’ specific personal information at the time of entering into the instant contract, whether the important elements of the instant contract were specified between the parties should be determined based on E, an agent, and therefore, it should be deemed that the instant contract was effective in this regard.

(B) The Defendant’s actual sale price of the forest of this case does not reach the desired level of the Defendant’s forest land, and in such a case, it would not affect the validity of the instant contract itself, even if the actual sale price did not reach the desired level of the Defendant.”

2. In conclusion, the judgment of the first instance is legitimate, and all appeals against the plaintiffs are dismissed. It is so decided as per Disposition by the assent of all participating Justices.