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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The reasoning for the court’s explanation on this part of the facts is as stated in Article 420 of the Civil Procedure Act, since it is the same as stated in Article 420 of the first instance judgment, except for deletion of Paragraph (1) of the written judgment of the first instance.
2. The reasoning for the court’s explanation of this part of the parties’ assertion is as stated in Article 420 of the Civil Procedure Act, since it is the same as stated in Article 420 (2) of the judgment of the first instance.
3. Determination
A. As to the fulfillment of the condition of a claim based on the Notarial Deed of this case, if there is a dispute over the interpretation of the contract between the parties and thus, the interpretation of the intent of the parties indicated in the disposal document becomes an issue, it shall be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the content of the text, motive and background of the agreement, the objective to be achieved by the agreement, the parties’ genuine intent, etc. (see, e.g., Supreme Court Decision 2014Da1976, Feb. 15, 2017). The fact that the condition was fulfilled in a juristic act subject to suspension is the burden of proof on the part
(See Supreme Court Decision 81Meu692 delivered on April 12, 1983). There is no dispute between the parties as to the effect that a claim based on the instant notarial deed is conditional bonds subject to “the completion of exploitation” but there is only dispute as to the specific meaning thereof.
Based on the above facts and the evidence, the following circumstances acknowledged as a whole based on the results of the inquiry of each fact to E Elementary School, I Middle School, and F University of this Court, ① the power of attorney of this case and the payment agreement of this case were delivered to the Plaintiff in the course of implementing the supply contract of this case (which appears to have been completed on February 16, 2015), ② the authentication of this case was drafted based on the power of attorney of this case and the payment agreement of this case.