beta
(영문) 대법원 2015.12.23 2015다219726

임차보증금

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that the Plaintiffs could not be protected as a small lessee under the Housing Lease Protection Act, on the grounds that it is difficult to view that the Plaintiffs were residing in the above apartment after entering into a lease agreement with D and paying the lease deposit, or that the main purpose of the lease agreement is not to use and benefit from the above apartment, but to collect the claims in preference to the senior mortgagee by being protected as a small lessee.

In light of the relevant legal principles and records, the above determination by the court below is just, and there is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on small lessee of housing

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.