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(영문) 수원지방법원 2018.08.23 2017나65722
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and the evidence submitted in the court of first instance is admitted as legitimate, even if each evidence submitted to the court of first instance is presented to this court.

Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance except for the following amendments, and thus, it is acceptable to accept it in accordance with the main sentence of Article 420 of

[Revision] The following is added between the 19th and 20th of the first instance judgment.

For the purpose of the formation of a contract, the objective agreement between the parties to the agreement is necessary and there is an objective agreement, all the matters indicated in the parties’ declaration of intent should be consistent. Even if the contents of the contract are not “important point” and the objective elements of the contract, in particular, if the parties express their intent with significant significance and expressed their intent as the requirements for the formation of the contract, the contract shall be duly and effectively constituted. In addition, the offer, which is a legal requirement for the formation of the contract, must be a specific and conclusive declaration of intent that is the formation of the contract, and therefore, it is necessary to include the matters to the extent that the contents of the contract can be determined (see Supreme Court Decision 2001Da53059, Apr. 11, 2003).”

However, the above recognition alone does not recognize that there was a mutual agreement between the Plaintiff and the Defendant on the main contents of the contract, such as the period during which the transfer of the instant real estate was due and conditions, and thus, it is difficult to deem that the transfer agreement between the Plaintiff and the Defendant was concluded, and there is no other evidence to recognize it."

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