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(영문) 서울고등법원 2016.12.22 2016나2054788
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. All of the instant lawsuits are dismissed.

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

Reasons

1. The reasoning for the court's explanation of this part of the basic facts is as follows, and this part of the judgment of the court of first instance is identical to that of "1. Recognition" in the main sentence of Article 420 of the Civil Procedure Act.

2. Change of each “this Court” to “Innan District Court Branch” of 6, 14, 3, 3, 12, and 4.

(b) modify “sales contract” to “sale reservation” for the following five pages:

C. To revise the following two pages to the effect that “the foregoing” was caused by a sales contract on June 21, 2012.”

(d) revising the three-dimensional six pages “sales Agreement” to “sale reservation”;

(e) revise the 3rd 7rd 7rd mal to the “former 19 October 19, 201”.

(f) Change to the fourth five parallels of conduct “(4) was final and conclusive, and the proceeds of sale were distributed to all creditors of the Defendant, and there was no surplus, etc. to be distributed to the Defendant.”

(g) for the fourth 6 parallels “A 1 to 4”, “B 1 to 6, and for the fourth 7 parallels “B 4-5”, respectively, with evidence 4-5, evidence 8-1, 2, and 10 of evidence 8.

2. Judgment on the main defense of this case

A. The gist of the Defendant’s assertion and the Defendant: (a) on July 9, 2013, when each of the instant lands was sold and sold or sold at auction on each of the instant lands that the Defendant is obligated to pay to the Plaintiff, the Plaintiff shall first pay the purchase-price or dividends to the Plaintiff; (b) the Plaintiff may not file a claim on the part of the goods guaranteed by the Plaintiff, other than the goods guaranteed by the water, and the Plaintiff shall not file a civil or criminal objection thereafter; and (c) the instant lawsuit filed against the content of the agreement is unlawful as there is no benefit in protecting the rights.

B. (1) Determination 1) The contract is a juristic act which is constituted by the agreement of multiple parties to express their intent, and the interpretation of the contract is the meaning of the contract.

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