logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.06.03 2014나21104
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 reasoning of the judgment of the court of the first instance cited by the judgment is the same as that of the grounds for the judgment of the court of the first instance, and thus, it is acceptable in accordance with Article 420 of the Civil Procedure Act.

2. The Defendant asserts that, even though the Plaintiff agreed to renew the instant lease agreement with the Defendant, it is unreasonable to unilaterally notify the termination of the lease agreement and to demand the delivery of the instant building, as it violates the principle of good faith, even though the Plaintiff agreed to renew the lease agreement with the Defendant at KRW 2 years and KRW 900,000.

In order to deny the exercise of the right on the ground that it violates the principle of good faith, a good faith was provided to the other party.

In light of the concept of justice, the other party’s act of trust must be in a legitimate state, and the exercise of rights against such other party’s faith should reach an extent that is not acceptable in light of the concept of justice (see Supreme Court Decision 2005Da64552, Nov. 29, 2007). As seen earlier, it is impossible to acknowledge the fact that the Plaintiff and the Defendant agreed to renew a contract between the Plaintiff and the Defendant, and otherwise, the Plaintiff provided the Defendant with a belief that the Plaintiff would not seek delivery of the building of this case.

In light of the above, there is no evidence to prove that the defendant had a legitimate state in view of the objective point of view, and therefore, the defendant's defense is without merit.

3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

arrow