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(영문) 대구고등법원 2018.06.14 2017나24077
국유재산매각청구등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the costs of supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The reasons why the court should explain in this decision are used in part of the reasoning of the judgment of the court of first instance as follows. In addition to the addition of the judgment of the plaintiff to "paragraph 3", the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a)the following shall be added between conduct 7 and 8 of the first instance judgment:

【The conclusion of a contract requires the objective agreement of several conflicting declarations between the parties for the purpose of the formation of the contract, and for the purpose of the objective agreement, all the matters indicated in the parties’ declaration of intent must be identical. Even if the content of the contract is not an important point and an objective element of the contract, in particular, when the parties expressed their intent with a significant intent and with their intent as a requirement for the formation of the contract, the contract shall be duly and effectively concluded only when the agreement is reached (see, e.g., Supreme Court Decisions 2001Da53059, Apr. 11, 2003; 201Da84069, Dec. 27, 2012)

B. Article 10 of the 5th trial decision of the first instance court provides that “The evidence submitted by the Plaintiff alone” part of the 10th trial decision shall be written as follows: “The evidence submitted by the Plaintiff to this court, including each description or image of the evidence of subparagraphs A through A (including a serial number; hereinafter the same shall apply) and the circumstances surrounding the assertion, shall be considered.”

C. The 5th judgment of the court of first instance is without merit without merit to examine the plaintiff's primary claim of "the plaintiff's primary claim is without merit," and the 5th judgment of the court of first instance.

Meanwhile, even if the Plaintiff did not regard the instant agreement as “direct sales contract,” the Plaintiff asserts that there is sufficient room to regard the instant agreement as “the agreement for trade reservation,” but may be examined below.

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