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(영문) 대법원 2015.12.23 2015다6777
가등기에기한 본등기청구등
Text

All appeals are dismissed.

The costs of appeal are assessed against each appellant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the Defendants’ grounds of appeal

A. The interpretation of a declaration of intent is clearly confirming the objective meaning that the parties gave to the act of indicating the intent, and in cases where the contents of a contract are written between the parties to the contract in writing, it shall be reasonably interpreted in accordance with logical and empirical rules as to the objective meaning that the parties gave to the act of indicating the intent according to the contents of the written statement regardless of the parties’ inner intent, unless there are special circumstances, such as where the content of the written statement is written in writing (see, e.g., Supreme Court Decisions 94Da5122, Jun. 30, 1995; 200Da27923, Oct. 6, 2000). In such a case, if the objective meaning of the text is clear, the existence and content of the declaration of intent shall be recognized in accordance with the language, unless there are special circumstances such as where it is clear and acceptable to deny the contents of the statement.

(1) Article 201 of the Civil Procedure Act provides that “The court shall bind the court of final appeal on the grounds that the court of final appeal is not true in accordance with logical and empirical rules, taking into account the overall purport of pleadings and the result of the examination of evidence (see, e.g., Supreme Court Decisions 2004Da60065, May 27, 2005; 2012Da44471, Nov. 29, 2012).”

(Article 432 of the same Act). (b)

For the reasons indicated in its holding, the lower court, on the grounds indicated in its reasoning, can be deemed as having concluded a sales contract in accordance with the content of the instant sales contract, and (2) denied the existence of the said sales contract, and presented by the Defendants.

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