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(영문) 대법원 2015.01.29 2013다46832
매매대금
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal on the interpretation of legal act, the lower court acknowledged the following facts: (a) the Plaintiffs entered into a business agreement for the promotion of new construction and parcelling-out of apartments (hereinafter “instant business agreement”) on the land (hereinafter “instant project site”) for the first time in the process of preparing the instant business agreement with Citcoia Co., Ltd. (hereinafter “Citcoia”) and the Defendant Daesung-dong Branch Co., Ltd. (hereinafter “Defendant Daesung”) on the first time; (b) it is difficult to view the part of the first time before the maturity of the original business agreement to be deleted at the Plaintiff’s request; and (c) it is difficult to view that the part of the project site was designated and publicly notified as “the first time before the maturity of the original business agreement” under Article 8.1 of the instant project agreement to be excluded from the execution of the instant project agreement on the first time in the process of signing the instant project agreement on the grounds that it is difficult to view that the instant project site was within the designated and publicly notified period of 9% of the instant project agreement.

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