소유권말소등기
1. Each of the plaintiffs' appeals is dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The court's explanation of this case is identical to the part of the judgment of the court of first instance, except where the following additional decision is stated, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined
A. The Plaintiffs asserted that KRW 380 million, which the Defendant agreed to pay to D at the time of the instant sales contract, is the name of the purchase price.
The interpretation of a declaration of intent is to clearly determine the objective meaning which the parties have given to the act of indicating, and where the parties to a contract prepare in writing a disposal document, it shall reasonably interpret the objective meaning that the parties have given to the act of indicating, regardless of the internal intent of the parties, regardless of the contents of the written agreement. In this case, if the objective meaning of the text is clear, barring any special circumstance, it shall be recognized that the existence of the declaration of intent and its contents should be recognized (see, e.g., Supreme Court Decision 2010Da81957, Jan. 27, 2011). (1) The Defendant, as between D and D around March 3, 2017, prepared a written agreement (Evidence 2) with the Defendant to purchase each of the real estate of this case under the names of the plaintiffs, stating that the "total amount of the purchase price" is not 1.2 billion won, and that it does not include the "total amount of the purchase price" in the above written agreement to be paid by the Defendant to D, as 3000,0,0,00 million won.