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(영문) 대법원 2018.04.12 2017다37492

건물명도 등

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The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

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

For the reasons indicated in its holding, the lower court determined that the Defendant was liable to pay the Plaintiff the remainder of the rent and the unjust enrichment equivalent to the rent, excluding the partial rent extinguished due to the completion of the statute of limitations, on the grounds that the Defendant was in arrears and the lease contract on the instant real estate between the Plaintiff and the Defendant was terminated due to the Defendant’s delinquency in payment of the rent,

The defendant's assertion that he suffered damage from water leakages, etc. generated from the real estate of this case is rejected.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations 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

Therefore, the appeal is 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.