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(영문) 대법원 2018. 11. 29. 선고 2018두53719 판결
(심리불속행) 이 사건 2차 매매계약은 1차 매매계약의 연장선상에 있다고 보아야 함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2017-Nu-7788 (Law No. 18, 20187)

Title

(D) The second sale contract of this case is on the extension of the first sale contract.

Summary

The interpretation of declaration of intent should be reasonably interpreted in accordance with logical and empirical rules and the common sense of society by comprehensively taking into account the contents of the text and the motive and circumstances leading up to the expression of intent, the purpose and genuine intent to be achieved by the parties concerned, etc.

Related statutes

Article 96 of the Income Tax Act

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. The appeal is dismissed pursuant to Article 5 of the same Act and the costs of appeal are assessed against the losing party. It is so decided as per Disposition

November 29, 2018

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