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(영문) 대법원 2018.11.29 2017다212385

소유권말소등기

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All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

As long as the formation of a disposal document is recognized as authentic, the court shall recognize the existence and contents of the declaration of intention in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable counter-proof to deny the contents of the statement.

Where a dispute over the interpretation of a contract between the parties becomes an issue, the interpretation of the intention of the parties indicated in the disposal document shall be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the text, motive and background of the agreement, the purpose to be achieved by the agreement, the

(2) The lower court rejected the Defendants’ assertion on the ground that each of the instant sales contracts was prepared in a form to obtain a PF loan from a financial institution, and that there is no clear and acceptable evidence to deny the contents of each of the instant sales contracts. The lower court rejected the Defendants’ assertion on the ground that, upon the Plaintiff’s request, each of the instant sales contracts was established based on the preparation of each of the instant sales contracts. In so doing, the lower court did not err by misapprehending the legal doctrine on the content of each of the instant sales contracts.

The judgment below

Examining the reasoning in light of the aforementioned legal principles, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to the probative value of the disposal document and the interpretation

Meanwhile, the argument in the grounds of appeal that each of the instant sales contracts is a contract for a third party or on the condition that a PE loan is executed is not asserted by the Defendants until the closing of argument in the lower court.