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(영문) 서울고등법원 2016.11.18 2016나2007324
양해각서무효확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for adding the following judgments to the plaintiff's additional arguments in the court of first instance, thereby citing this case in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The plaintiff asserts that the party to the instant memorandum of Understanding was F and F was the representative of the defendant, and that since I was not F but the representative of the defendant, the defendant cannot be a party to the instant memorandum of Understanding.

The plaintiff's assertion of this case is naturally based on the premise that the defendant will establish and operate a charnel, and the foundation is the subject of rights separate from F, and only F should be the representative of the defendant. Thus, the plaintiff's above assertion is without merit.

B. The Plaintiff declared conditional declaration of intention on the premise that “the establishment of a charnel house within a total floor area of 4,968 square meters within the scope of 3,431 square meters outside Sungnam-si, Sungnam-si,” and the Defendant asserts that the agreement on the instant memorandum of Understanding was null and void as long as the Defendant obtained authorization of the implementation plan with the total floor area of 8,097 square meters exceeding the above scope on December 9, 2009.

Since the establishment and operation of a Dominium and a charnel shall not be deemed to have been finalized at the time of the preparation of the instant Domination, such as that the establishment and operation of a charnel should obtain authorization from the competent authorities, it is insufficient to recognize the agreement of the instant Domination as a conditional declaration of intent on the premise of the aforementioned contents, solely on the ground that the instant Domination states “3,431m2, 2 lots outside the Domination of Seongbuk-gu, Sungnam-si, and 4,968m2.”

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