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(영문) 대법원 2017.05.30 2015다34437
분양대금반환 등
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

1. In order to establish a contract, there must be an agreement between the parties on the terms of the contract.

The agreement of such intention does not require all matters that form the terms and conditions of a contract, and there is sufficient agreement on the standards and methods that specifically agree with or may specify the essential matters or important matters in the future.

On the other hand, it is reasonable to view that a contract is not concluded unless there are special circumstances where the parties did not reach an agreement on the matters that the agreement should be reached.

In order for a contract to sell an apartment, etc. to be concluded, there must be an agreement on the amount of the sale price, the standards and methods for the delivery of the object and the timing of transfer of ownership, etc. in addition to the object to be sold, or on the standards and methods that can specify the future and specific matters.

Where a contract that designates only the same use of an apartment (hereinafter referred to as "contract for the designation of the same use") is specified only as an object, and it is difficult to deem that there is an agreement that has been binding standards and methods for specifying the important matters of the contract, such as the amount of the purchase price, the time of delivery of the object, etc., in the future, the above contract cannot be deemed a contract for the sale of an apartment, and it is only meaningful to secure only the same use if the

2. The lower court acknowledged the following facts. A.

The Defendant agreed to implement a “security system for contract terms” when concluding a sales contract with the Plaintiffs on the instant apartment.

In principle, this does not change the contract terms in the future, and it is the apartment of this case.

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