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(영문) 대법원 2018.05.15 2014다219477

배전선로철거 등

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

The lower court rejected all the Plaintiff’s claim seeking the termination of the lease agreement, the removal of electric power facilities, the return of unjust enrichment equivalent to the management expenses or the management expenses, or the payment of administrative expenses, on the ground that the Defendant did not pay the management expenses under the lease agreement, on the ground that there was no agreement between the Plaintiff and the Defendant regarding the electric power facilities, and that the Defendant had a legitimate right to install and possess the electric power facilities within the instant electric power equipment, as long as the Defendant filed the instant application for the electric power equipment

In light of the relevant legal principles and records, the above judgment of the court below is just and acceptable.

In the lower judgment, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine regarding the interpretation of expression of intent to conclude a contract, the disposal right or the pleadings.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.