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(영문) 인천지방법원 부천지원 김포시법원 2018.12.12 2018가단2169
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Fact-finding, the Defendant’s decision on performance recommendation against the Plaintiff was finalized on July 31, 2018 by the Incheon District Court Decision 2018Gau Kimpo-si, 53529, which became final and conclusive as of July 31, 2018, and the Plaintiff purchased apartment from the Defendant and entered into a provisional contract on March 17, 2018. Since the provisional contract may be revoked at any time by one of the parties at any time, it is obvious that the said provisional contract will be revoked and the said provisional contract will be revoked and the said provisional contract would be returned to five million won.

2. The plaintiff, whether the above contract is a provisional contract or a principal contract, is an apartment contract, and the above apartment contract is not unilaterally rescinded without grounds for revocation, and the above contract is still valid, and the defendant asserts that the contract can be unilaterally rescinded at any time as it is a provisional contract.

If the objective meaning of the language and text is clear in cases where a certain content of a contract is written between the parties to the contract as a disposal document, barring any special circumstance, the existence and content of the expression shall be recognized. However, in cases where the objective meaning of the language and text is not clearly revealed, it shall be reasonably interpreted in accordance with logical and empirical rules, general common sense, and transaction norms so that it can be in line with the ideology of social justice and equity, by comprehensively examining the contents of the text and the motive and background leading up to the execution of the contract, the purpose and genuine intent of the parties to the contract, transaction practices, etc.

In this case, the plaintiff and the defendant concluded a sales contract of KRW 310,700,00 on the above date and at KRW 310,70,000 on the above date, the plaintiff and the defendant agreed to KRW 31,070,000 on each contract deposit (the first vehicle), KRW 26,070,000 on the intermediate payment (the first, second, and third vehicles), KRW 31,070,00 on each intermediate payment (the remainder (the time of occupancy) and KRW 186,420,00 on the remainder (the remainder). The defendant agreed to the contract body list, information use consent, the wall and coolant selection, contract counseling confirmation, agreement and agreement.

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