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(영문) 서울고등법원 2020.06.10 2019나2035429
매매대금반환
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. 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, except for the following Paragraph 2 to determine the plaintiff's assertion that the plaintiff added and added as the grounds for appeal and the conjunctive claim added by this court, and thus, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is acceptable to accept the judgment including the summary thereof

2. Determination on the Plaintiff’s additional assertion (additional grounds for rescission of an agreement)

A. Article 12(1) of the respective trade agreements between the Plaintiff and the Defendants (hereinafter collectively referred to as the “instant trade agreements”) set forth the grounds for rescission of the agreement and, except where the designation of the district is not made under item (a), the grounds for rescission of a separate agreement even where the instant land is not included in the business area under item (c).

However, since each land subject to the instant trading agreement (hereinafter collectively referred to as “instant land”) was not included in the project district of the instant urban development project, the Plaintiff cancelled the instant trading agreement pursuant to Article 12(1)(c) of the instant trading agreement.

Therefore, the Defendants are obligated to return the purchase price received from the Plaintiff to the Plaintiff.

B. In interpreting a disposition document to which authenticity is recognized, the court should first objectively interpret that there was an expression of intent by the parties in accordance with the language stated in the disposition document, unless there are special circumstances. However, in cases where there is an express or implied agreement different from the content stated in the disposition document, it can only be freely determined within the extent that it does not go against the rules of experience and logic in recognizing a part of the contents or in interpreting the legal act of the maker.

(see, e.g., Supreme Court Decision 98Da45744, Feb. 12, 1999). The instant trading agreement provides for the reservation of the right to rescind an agreement as follows.

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