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(영문) 서울고등법원 2020.10.15 2020나2006366
채무부존재확인 등 청구의 소
Text

The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. The contents to be stated in this part of the underlying facts and the parties’ assertion are the same as the corresponding part of the judgment of the first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Judgment on the claim for cancellation of contract

A. 1) Whether the remaining payment date is due or not shall be objectively interpreted as the expression of intent of the parties in accordance with the terms and conditions indicated in the disposition document, barring any special circumstances, to the extent that the authenticity is established. However, in cases where there are differences in the interpretation of a contract between the parties and thus the interpretation of the intent of the parties indicated in the disposition document is at issue, it shall be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the text, the motive and background leading up to the agreement, the purpose to be achieved

(See Supreme Court Decision 200Da5336, 5343 Decided January 24, 2003, etc.). Each testimony of Gap 2, 2, 5, and 26, witness H of the first instance trial, and I alone is insufficient to recognize that the plaintiff and defendant set the remainder payment period of the instant sales contract as the final and conclusive period on April 30, 2018 or July 31, 2018, and there is no other evidence to prove otherwise.

Rather, in light of the economic purpose of the purchase of real estate in this case, the situation at the time of the conclusion of the instant sales contract, and the circumstances after the conclusion of the instant sales contract, etc., the Plaintiff and the Defendant determined the period of time within one month from the date of the occurrence of uncertain authorization and permission to prevent the Plaintiff from continuing to be in an unstable position at the time of the conclusion of the sales contract, even as the Plaintiff was the Defendant at the time of the conclusion of the sales contract, from the time of the conclusion of the sales contract, the period of April 30, 2018 anticipated that the authorization and permission procedure will be fully completed.

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