건물명도등
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
The grounds of appeal are examined.
1. As to the assertion regarding the lease party, the lower court determined that the Plaintiffs and the Defendant agreed to lease the instant building at the time of the preparation of the first lease contract, and that only the Defendant paid the lease deposit to N while paying the lease deposit, and that the Plaintiffs continued to renew the lease contract by setting up the second or fourth lease contract with the Defendant.
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or
2. Examining the reasoning of the lower judgment regarding the claim on the amount of lease deposit, in light of the record, the lower court’s determination that the lease deposit of the instant lease agreement is KRW 150 million in total, including KRW 80 million on the lease agreement and KRW 70 million delivered to D separately, is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.
3. As to the assertion that the right to claim the return of lease deposit has expired by prescription, this part of the ground of appeal is premised on the premise that the lessee of the instant building was N, not the Defendant, or that the instant lease contract was terminated on or around June 26, 2011, and this part of the ground of appeal is based on a premise different from the facts recognized by the lower court. Thus, this part of the ground of appeal cannot
4. 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.