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(영문) 대전고등법원(청주) 2016.09.30 2015나862

매매대금반환

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The reasons for this court's explanation are as follows: (a) the defendant's argument added in the trial of the court of first instance to "the defective price of the resolution" in the 5th parallel of the judgment of the court of first instance; and (b) the defendant's argument added in the trial of the court of first instance are additionally determined in paragraph (2) below; and (c) the part corresponding to the reasons for the judgment of the court of first instance except in the case of the 10th parallel of the judgment of the court of first instance to 16th parallel of the judgment of the court of first instance as stated in

2. Additional determination

A. Defendant’s assertion 1) The Plaintiff is a clan set up in D, and Nonparty 1’s name is a clan set up in D, which consists of those who participated in the events of the above clan among the descendants of Y57 years old, Z, 58 years old, Z, AA, and 59 years old, and those who are based on AB village. Since Nonparty 2 is not a party to the instant sales contract, the Plaintiff is not eligible for membership. 2) The Plaintiff’s assertion that the sales contract of this case is null and void goes against the principle of good faith and good faith.

B. Judgment 1) As to the argument that the party to the sales contract of this case is the non-party clan, first of all, it is insufficient to recognize that the witness's testimony of the non-party clan H is the fact that the non-party clan has formed and continued to engage in social activities separate from the plaintiff clan, and there is no other evidence to recognize that the non-party clan was not a member of the non-party clan. Therefore, as to the defendant's assertion on the non-party's violation of the good faith principle, the principle of trust and good faith under the Civil Act is an abstract norm that the parties to the legal relationship should not violate equity or exercise rights or perform duties by any content or method that might undermine trust in consideration of the other party's interest.