Where the land falls under a road site in the urban planning among the land to be sold, "the remainder deducted from the balance" shall be interpreted as a contract provision.

The credibility of the defendant's testimony

A. In the sale and purchase of the instant land abutting on a road site, 151 square meters of the site is the subject matter of sale and purchase on the sales contract, and if there is no evidence to prove whether the instant land is included in the road site in the case where a special agreement is stated “if it falls under the site of a road according to an urban planning, deduction from the balance”, the purpose of the said special agreement is to understand that the instant land is incorporated into a site of a road. However, if the actual area of the instant land is reduced below the anticipated area at the time of the contract due to a subsequent change in urban planning, it shall not be deemed to have been deducted from the portion at the time of the remainder payment, but it shall be deemed to have been deducted from the said portion at the time of the remainder payment.

B. If the defendant's who directly participated in the sales contract between the plaintiff and the defendant and is in fact in the same position as the defendant, the defendant's testimony about the sales contract cannot be accepted easily.

A. Article 568 of the Civil Procedure Act

[Judgment of the court below]

[Defendant-Appellee] Defendant 1 et al.

Seoul Central District Court Decision 83Na1661 delivered on February 3, 1984

The judgment of the court below is reversed, and the case is remanded to the Panel Division of the Seoul Civil Procedure District Court.

The grounds of appeal by the Plaintiff’s attorney are examined.

The lower court determined that the remaining portion of the land is 151 square meters as indicated on the above 151 square meters as indicated in its reasoning for the above 151 square meters as to the land owned by the Defendant, and that the remaining portion of the land is 150 square meters as indicated on the above 1978, and that the Plaintiff would be included in the road site under the sales and purchase contract, and that the remaining portion of the land is 72.6 square meters as indicated on the remaining payment date, and that the remaining portion of the land is 151 square meters (49 square meters) as indicated on the original registry, and that the remaining portion of the land is 10 square meters as indicated on the 1978 square meters, and that the remaining portion of the land is 10 square meters as indicated on the 1978 square meters, and that the remaining portion of the land is 200 square meters or less as indicated on the 1978 square meters, and thus, the Defendant would still be 25 square meters or more.

In conclusion, the issue of this case is whether or not the non-party 1 and half of the above facts were included in the non-party 1's construction site, or if the non-party 2's testimony because the non-party 1 and the non-party 2's testimony were not entered in the above construction site, the court below's conclusion that the non-party 1 and the non-party 2's testimony were not entered into the above construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's new construction site's construction site's new construction site's new construction site's new construction site's new construction site'.

Therefore, the judgment of the court below is reversed and remanded. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kang Jong-young (Presiding Justice)