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Reasons
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(영문) 서울북부지방법원 2018.11.28 2018나33020
소유권이전등기
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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

A. The reasoning of this part is as follows. The reasoning of this part is as follows. The reasoning of this part is that of the judgment of the court of first instance, except for the modification as follows: (a) Nos. 6 to 14, 3, 6, 14, 3, 3, 420, 420 of the Civil Procedure Act.

B. On November 2, 2015, the Plaintiff prepared a contract for the sale of real estate listed in the separate sheet (hereinafter “instant real estate”) with H to sell the purchase price of KRW 238,000,000 (contract deposit of KRW 23,000,000) and to reduce the said purchase price of KRW 165,00,000 as a special stipulation (hereinafter “instant contract for sale”).

1. The parcelling-out price shall be one hundred and sixty-five thousand won;

2.The down payment and intermediate payment 100,000,000 won shall be deposited at H on the contract date.

3. Any balance shall be subject to the transfer of ownership at the time of initial payment of KRW 65,00,000.

4. 23,00,000 won out of down payment and intermediate payment of KRW 100,000 shall be deposited into the Defendant’s designated account and KRW 77,00,000 shall be deposited into H.

* H Deposit Account Number: J Bank K* Defendant Deposit Account Number: L Bank M

C. Matters stated as the special terms of the instant sales contract are as follows.

Judgment

Generally, who is the party to the contract of this case is the party to the contract of this case.

The interpretation of a declaration of intent is to clearly determine the objective meaning that the parties have given to the act of indicating, and where the contents of any contract are written in writing, which is a disposal document, it shall be interpreted reasonably by the contents of the document, regardless of the internal intent of the parties, as stated in the document. In this case, if the objective meaning of the text is clear, the existence of the declaration of intention and its contents shall be recognized, unless there are any special circumstances.

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