Interpretation of the juridical acts: Focusing on the primary purpose of the lower judgment of the Supreme Court's sentence of 2019Da293449 on April 15, 2021

Abstract

The main issue of the Supreme Court's ruling in this case was the recognition of the plaintiff's preliminary claim by reversely applying the legal principles of denial of legal personality to the defendant. The plaintiff's rights were recognized with difficulty. However, the claim for delivery of movable property under the 'Memorandum of Performance' that the Plaintiff had requested was dismissed on the grounds that it was not a title holder in the disposition document. The main basis for the decision to dismiss was the interpretation of legal acts based on indication that the existence and content of the expression of intention should be recognized as the text if the meaning of the text is objectively clear. Past discussions were conducted by dividing the goal of interpreting legal acts into expressing the parties' true intentions and expressing the objective meaning of the indicated text. However, currently, the types of legal acts are subdivided in various ways to set the goal of interpreting legal acts. In a similar way, precedents on the Supreme Court's interpretation of legal acts reveal the contents of legal acts by comprehensively considering the details of specific cases, the circumstances of the parties, and the laws applied to legal acts. The impact of Supreme Court precedents on the law and the people is very significant. In all cases, more careful and careful review is needed for the one-time dispute resolution of specific cases and the relief of the rights of the parties.