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(영문) 서울고등법원 2015.10.23 2014나44699
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons for the judgment of the court of first instance are as follows: (a) each of the “date of the closing of argument in this case” in the 6th to 18th, 8th, and 9 through 10th, respectively, shall be read as “date of the closing of argument in the court of first instance”; and (b) the “date of the pronouncement of this judgment” in the 8th to 11th, as “date of the pronouncement of the judgment in the court of first instance”; and (c) other than the additional determination as to the Defendants’ assertion, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Additional determination

A. The Defendants’ assertion consists of an agreement on the payment of the remaining purchase and sale and a payment agreement on the amount of profit distribution. “When selling each real estate of this case,” which is the subsidiary officer of the instant agreement, should be interpreted as an indefinite term with respect to the former, and as to the latter, as a condition with respect to the latter.

However, since the above time limit for uncertainty or the conditions have not been met, the Defendants cannot respond to the Plaintiff’s request.

B. Determination 1) Although Defendant B failed to pay the purchase and sale balance at the remainder payment date stipulated in the original contract of this case, the Defendants received the ownership of each of the instant real estate under D’s understanding, and thus, if each of the instant real estate was sold in the future, the Defendants shall pay the purchase and sale balance and the profit distribution amount to D. Accordingly, the purchase and sale balance and the profit distribution amount should be paid in entirety without distinction between the time and method of payment when each of the instant real estate is sold. The agreement of this case divided into the purchase and sale balance payment agreement and the profit distribution payment agreement. The Defendants’ assertion that the Defendants’ assertion that “when selling each of the instant real estate,” which is the subsidiary officer of the instant contract, should be interpreted as a condition with indefinite payment period, is not consistent with the language of the instant agreement or the intent of the parties to the agreement, the developments and purport of the agreement, which is inferred from them, is difficult to accept. 2) The subsidiary officer attached to a juristic act.

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