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(영문) 대법원 2020.02.27 2018다284615

건물명도(인도)

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All appeals are dismissed.

The costs of appeal by the Plaintiff are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

1. As to the Plaintiff’s grounds of appeal, the lower court, on the grounds indicated in its reasoning, deemed that the Plaintiff, a lessor, failed to perform his/her duty to allow Defendant B and C to use and benefit from the leased object, and recognized the above Defendants’ damage liability amounting to KRW 61,33,33, and determined that the Plaintiff bears the duty to return the long-term repair appropriations totaling KRW 76,560,870.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by violating the rules of evidence, as alleged in the grounds of appeal.

2. As to the Defendants’ grounds of appeal, on the grounds indicated in its reasoning, the lower court: (a) premised on the Plaintiff’s termination of the lease agreement as of September 20, 2017, on the ground that Defendant B and C neglected to pay rent to the Plaintiff; and (b) based on such reasoning, determined that the said Defendants, the lessee, was liable to deliver the instant building to the Plaintiff on the grounds of termination of the lease agreement; and (c) the remaining Defendants, the lessee,

The judgment below

Examining the reasoning in light of the record, the lower court did not err by misapprehending the legal doctrine on the termination of a lease agreement, as otherwise alleged in the grounds of appeal.

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