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(영문) 서울중앙지방법원 2015.02.11 2014나34699
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for this Court’s explanation concerning this part of the underlying facts is as follows: (a) except where the second and fifth “Defendant, D, and five other” of the judgment of the court of first instance are deemed to be “Defendant and five other”, the corresponding part of the reasoning for the judgment of the court of first instance is the same as the corresponding part of the reasoning for the judgment of the court of first instance; and (b) thereby, it is acceptable

2. The assertion and judgment

A. The Plaintiff’s assertion G and E entered into the instant promise with respect to the instant land as the Defendant’s representative. As such, the Defendant assumes the Defendant’s agent’s responsibility as to the instant land, and on October 21, 2013, notified the Defendant of the fact that there was no balance by exercising the security right to the instant land through the settlement method reverted to the Defendant through the notice of liquidation by way of content-certified mail. Since the instant land was owned by the Plaintiff, the Defendant is obligated to implement the procedures for the transfer registration of ownership of the instant land.

B. 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 determine the objective meaning that the parties have given to the act of indicating, and where the contents of a contract are written in writing as a disposal document between the parties, the objective meaning that the parties have given to the act of expressing intent shall be reasonably interpreted according to the contents of the document, regardless of the internal intent of the parties, even though it is not attached to the phrase used in the document. In this case, if the objective meaning of the text is clear, the existence and contents of the declaration of intention shall be acknowledged as

(see, e.g., Supreme Court Decision 2009Da92487, May 13, 2010). Meanwhile, Article 114(1) of the Civil Act is applicable where an agent acts on behalf of the principal.

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