미분양아파트 계약금 반환의 소
The judgment below
Of the parts against Defendant GaS Construction Co., Ltd., this part of the case is reversed.
The grounds of appeal are examined.
1. As to the ground of appeal by Defendant GaS Construction Corporation
A. The lower court acknowledged the fact that the Plaintiff purchased the instant apartment units (hereinafter “instant sales contract”) executed by Defendant DS T&C Co., Ltd. (hereinafter “Defendant DS T&C”), and executed by Defendant AS Construction Co., Ltd. (hereinafter “Defendant AS T&C”), and determined that Defendant AS construction was in the joint seller’s position of the instant sales contract with Defendant DS T&C for the following reasons.
(1) Defendant AS Construction received the down payment in the bank account in its name, and issued a receipt under the name of Defendant AS Construction Sales Office, and the head of the sales office, who is an employee of the above Defendant, sought the bank whether the Plaintiff could receive the intermediate payment and notified the Plaintiff of the payment.
(2) According to the contract agreement entered into between the Defendants, Defendant AS Construction could dispose of the instant apartment at his own discretion at the time of entering into the instant sales contract.
(3) If Defendant AS Construction is merely a trial work, there is no reason to place the corporate seal on the instant sales contract form, etc.
(4) The sales adviser in charge of the contract with the Plaintiff was subject to the supervision and supervision of the head of the sales office, who is the Defendant branch Es. Construction Staff, and was also authorized to hold the Defendants’ corporate seal and affix their seals on the sales contract.
B. (1) Generally, who is the party to the contract is a matter of interpretation of the intent of the party involved in the contract.
The interpretation of a declaration of intent is to clearly define the objective meaning that the parties have given to the display act, and where the parties to the contract prepare in writing what terms of the contract are a disposal document, it is not bound to the terms used in the document.