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(영문) 서울고등법원 2017.01.17 2016나2022422

건물명도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The grounds for the judgment of the court of first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance

However, the judgment on the argument that the defendant made in this court is added.

2. Judgment on the defendant's assertion

A. The defendant asserted that he received a warning for facility repair of the real estate in this case from the Si of Pakistan in 2007 and 2008, and requested the Office of Education under the plaintiff's control (hereinafter "the plaintiff's Office of Education") to permit the repair of the real estate in this case. Although he heard from the plaintiff's office of education that he could not repair and repair due to the plan for the sale of the paper of paper delivery, he heard the statement that "the party will permit the plaintiff's office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office of government office.

B. The principle of trust and good faith under the Civil Act is an abstract norm that a party to a legal relationship should not exercise the right or perform the duty in a way that is contrary to equity or trust, taking into account the other party’s interest, and provided good faith to the other party to deny the exercise of the right on the ground that it violates the principle of trust and good faith

from an objective perspective, the other party must be in a legitimate state, and the exercise of rights against the other party’s faith should be in such a state that is not acceptable in light of the concept of justice.

(See Supreme Court Decision 9Da53490 delivered on May 15, 2001, etc.).