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(영문) 광주고등법원(전주) 2017.05.08 2016나11337
매매대금반환
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's supplementary claim is dismissed in this court.

3...

Reasons

1. Judgment on the main claim

A. The plaintiff of the judgment of the court of first instance changed the claim in the court of first instance into the primary claim.

The reasons for the judgment of this court are as follows.

It is identical to the reasoning of the judgment of the first instance except for addition or dismissal as stated in the same paragraph, and thus, it shall be quoted by the main sentence of Article 420 of the Civil Procedure Act.

B. 1) A de facto operator of the first sale contract shall be added as follows at the last 9th of the judgment of the first instance court. hereinafter referred to as “A”) A: (a) The actual operator of the buyer of the first sale contract, “A, even if the Defendant and the Defendant’s husbandO newly built a yellow brick factory on the instant land and did not have the intent or ability to change the land category of the instant land into the factory site,” and (b) concluded the first sale contract on January 16, 2012 and acquired the purchase price of KRW 26,00,000 by receiving the purchase price of KRW 226,00,000,” on the charge of fraud, the former public prosecutor of the District Public Prosecutor’s Office filed a complaint with the Defendant on August 29, 2014, on the ground that there is insufficient evidence to acknowledge that the Defendant and the Defendant agreed to build a new factory and change land classification as above, and then, he/she should be deemed as having no objective meaning to recognize the content of the contract as follows.”

However, if the objective meaning of the text is not clearly revealed, it should be reasonably interpreted in accordance with logical and empirical rules, social common sense and trade norms by comprehensively examining the contents of the text, the motive and background of the contract to be achieved, the purpose and genuine intent of the parties to the contract to be achieved, the transaction practices, etc.

In particular, one of the parties.

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