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1.The judgment of the first instance shall be modified as follows:
Plaintiff
A, 1 Defendant C, 135,091,018 won and this shall apply.
Reasons
1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance except for the cases where a part of the reasoning of the judgment of the court of first instance is changed as stated in the reasoning of the judgment of the court of first instance, and thus, it shall be cited by the main sentence of Article 420 of the Civil Procedure
2. Parts to be dried;
(a)the following shall be added between the 10th sentence of the first instance court and the 18th sentence:
(D) The Defendants asserted the remainder of the Defendants, in light of the overall circumstances, the agreement of this case constitutes a consultation division as to the inherited property of the deceased deceased L, and accordingly, Q, some of the co-inheritors of the above L, excluded from the agreement of this case. Thus, the agreement of this case is null and void.
On the other hand, the interpretation of a juristic act is to clearly determine the objective meaning that the parties gave to the act of expressing the intent, and where the interpretation of the parties expressed in the contract document is at issue, it shall be reasonably interpreted in accordance with logical and empirical rules by comprehensively examining the contents of the text, the motive and background of the agreement, the purpose to be achieved by the agreement, the parties’ genuine
(2) In light of the aforementioned facts and evidence, etc., in light of the content of the instant agreement, the motive and background leading up to the agreement, the purpose to achieve the agreement by the instant agreement, and the genuine intent of the parties concerned, etc., the instant agreement cannot be deemed as a consultation division as to the instant L’s inherited property, as alleged by the Defendants, even if considering both the evidence submitted by the Defendants up to this court and the circumstances of the assertion, and thus, constitutes an agreement to exchange the land prior to the division between the Plaintiffs and the deceased, etc., as seen earlier.