The judgment below

The part against the Plaintiff (Counterclaim Defendant) regarding the preliminary claim for the first counterclaim is reversed, and this part of the case is remanded.

The grounds of appeal are examined.

1. As to the ground of appeal on the claim of the principal lawsuit

A. When the interpretation of the parties’ intent expressed 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, motive and background of the agreement, the purpose to be achieved by the agreement, the parties’ genuine intent, etc.

(1) In a case where the content of a contract asserted by one of the parties imposes a serious liability on the other party, the content of the contract should be interpreted more strictly.

(See Supreme Court Decision 95Da6465 delivered on May 23, 1995, and Supreme Court Decision 2000Da72572 delivered on May 24, 2002, etc.). B.

The judgment below

According to the reasoning and the evidence duly admitted, the following facts are revealed.

(1) (A) On October 12, 2006, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) concluded a sales contract with the Defendant (hereinafter “instant sales contract”) that sells KRW 48,397 square meters of land (hereinafter “instant land”) to the Defendant prior to the division for KRW 900 million.

(B) At the time of the instant sales contract, the instant land was in a blind state with no access road connected to the public service, and the said land was in a state where 11 grave (hereinafter “instant grave”) was installed on the ground.

(C) In addition to the proviso of the sales contract of this case, the Plaintiff and the Defendant agreed on the instant grave and access road. Article 1 (2) of the proviso provides that “The graveyard buried on the instant land shall immediately be affected by the Plaintiff when the Defendant needs to do so (only in the case where the graveyard is not transferred within one month from the date the Defendant requested removal, penalty equivalent to the down payment and penalty equivalent to KRW 50,000 per day shall be paid to the Defendant)” and Article 2 (3) of the proviso provides that “This shall be paid to the Defendant.”