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(영문) 대전지방법원 2016.11.25 2016나103260

약정금

Text

1. The defendant's appeal is dismissed.

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

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning for the judgment of the court of first instance, except in the following cases. Thus, it shall accept this by the main text of Article 420 of the Civil Procedure Act.

Defendant B, “Defendant B,” “Defendant C,” and “Defendant C,” respectively, shall be deemed “C,” and “Defendants” as “Defendant”.

Part 3 is set up as "2. The plaintiff's cause for action", 6, 7 is deleted, and 8 is added to "62,00,000 won paid by the plaintiff to the defendant," and "62,00,000 won paid by the plaintiff to the defendant, which is based on the premise that the sales contract is not concluded, shall be returned if the contract is not concluded," and the 13th part "in the case of the land of this case," "the land of this case falls under the conservation and management area of the land of this case," and "the obligation to transfer the ownership" of the 14th part is "the obligation to transfer the ownership."

The 4th parallel 3 to 10th parallels are deleted, and the 11th parallels are "3. Judgment on the plaintiff's cause of action".

Part 5, conduct 3, after addition to the following:

However, there are cases where an agreement that reflects the various interests of the parties before reaching the conclusion of a formal contract is called a so-called "provisional contract". The legal binding scope of such provisional contract should be determined through the interpretation of the parties' declaration of intent. If the provisional contract is based on the negotiation that will continue in the future and it is planned to be revised during the negotiation process, it is difficult to recognize the legal binding force. However, if an agreement on the guarantee of the principal payment or the conclusion of this contract is reached, even if the incidental contents are not determined in detail, the agreement may be legally binding force even if it is not determined in detail."

(a)"."