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(영문) 대법원 2018.08.30 2017다212675
건물명도 등
Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff (Counterclaim defendant).

Reasons

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court recognized that the amount of damages equivalent to the interior cost, which the Plaintiff (Counterclaim Defendant) should compensate for due to nonperformance of the duty to maintain and repair, is equivalent to the amount corresponding to the remaining term of lease, out of the interior cost paid by the Defendant (Counterclaim Plaintiff).

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court’s determination is justifiable.

In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the trust interest and the interpretation and restoration of the disposal document, or by failing to exhaust all necessary

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 on the bench.

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