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(영문) 대법원 2015.04.23 2013다19762

건물인도 등

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court is justifiable to have dismissed all of the Plaintiffs’ claim for the delivery of buildings based on their ownership and the claim for the return of unjust enrichment equivalent to the rent based on the Plaintiffs’ ownership on the grounds as stated in its reasoning. 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 and logical and empirical rules, by exceeding the principle of pleading,

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.