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(영문) 대법원 2015.05.28 2014다24327
분양대금반환 등
Text

All appeals and supplementary appeals are dismissed.

The costs of appeal and supplementary appeal shall be borne by each party.

Reasons

The grounds of appeal and the grounds of incidental appeal (hereinafter referred to as “the grounds of appeal”) are examined together without distinguishing them.

1. In a case where there is a different opinion on the interpretation of the Defendants’ grounds of appeal on the legality of the appeal, which is the issue of interpreting the intent of the parties expressed in the document, as to whether the agreement on non-appeal is included in the course of the lawsuit, the interpretation of procedural acts, such as the agreement on non-appeal, unlike the legal act under the substantive law, shall be based on the indication, rather than the intention of internal deliberation, unlike the legal act under the general substantive law. If the contents of the indicated language are unclear, objective and reasonable interpretation of the intent of the parties, or even if based on the act

(2) According to the records, some plaintiffs, including the plaintiff AS (hereinafter "the plaintiff AS, etc.") including the plaintiff, etc. (hereinafter "the plaintiff AS, etc.") agreed to move into the apartment of this case under the condition that the defendant Hanyang Co., Ltd. (hereinafter "the defendant Hanyang"), while the lawsuit of this case is pending in the court below, shall be provided with occupancy support, such as the payment deferment of the occupancy subsidy and the unpaid payment of the purchase price, the amount of the occupancy subsidy, the unpaid payment deferment period, and the occupancy agreement in this case where the plaintiff AS, etc. won in favor of the court below, and the settlement period and method of the purchase price, etc. shall be entered in together with the above entry of the contract in the above "the party to the agreement" as stated in the judgment below, and there is no objection to the lawsuit or objection to the contract, and there is no objection to the contract in this case (hereinafter "the above provision in this case").

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