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(영문) 대전지방법원 2020.12.09 2019나113800
소유권이전등기
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

The reasoning for this case is as stated in the reasoning of the judgment of the first instance except for adding the judgment as to the assertion emphasized by the plaintiffs while filing an appeal as to this case, and therefore, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Defendant asserted additional determination was a situation in which the intermediate payment cannot be returned to the Plaintiffs even if the instant sales contract was terminated due to a cause attributable to the Plaintiffs, by purchasing other real estate with the down payment and intermediate payment received from the Plaintiffs after concluding the instant sales contract.

Therefore, the plaintiffs and the defendant postponed the deadline for the remaining payment of the plaintiffs, but if the plaintiffs fail to pay the remainder within the deadline, the defendant agreed to transfer the shares equivalent to the sum of the down payment and the intermediate payment of the real estate of this case to the plaintiffs, instead of giving up the down payment and the intermediate payment.

Therefore, the defendant is obligated to transfer the above shares to the plaintiffs.

Judgment

In a case where there is a difference between the parties regarding the interpretation of a juristic act, which becomes a problem in the interpretation of the intention of the parties, the contents of the juristic act, motive and background of such juristic act, the purpose to be achieved by the juristic act, the genuine intention of the parties, etc. shall be comprehensively

(2) The following circumstances are apparent in terms of the purport of entry of evidence Nos. 1 and 2 and the entire pleadings: (a) in the language and text of paragraph (2) of the instant agreement, where the Plaintiffs paid the remainder by March 31, 2011 and are unable to transfer the registration, it is apparent that the outstanding down payment and the intermediate payment would be waived; (b) there is no room to interpret otherwise; and (c) the down payment and the intermediate payment that the Defendant received from the Plaintiffs are the down payment and the intermediate payment.

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