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(영문) 대법원 2020.09.03 2019다294473
건물명도(인도)
Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

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

1. As to the grounds of appeal by the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”), the lower court, on the grounds indicated in its reasoning, deemed that the terms and conditions presented by the Plaintiffs were objectively difficult to accept by the new lessee, and determined that “the Plaintiffs’ refusal to enter into a lease agreement with the new lessee on the grounds that the terms and conditions presented by the Plaintiffs were not acceptable, there is no justifiable reason for the Plaintiffs to refuse to enter into the lease agreement with the new lessee,” and accordingly, determined the amount of damages on the basis of the appraisal results appraised by applying the Income Exchange Act to the intangible property portion on the premium and taking into account transaction practices, etc.

Examining the record in accordance with the relevant legal principles, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the appraisal of the amount of premiums or by misapprehending the legal doctrine on the refusal to conclude a lease contract with a person who intends to become a new lessee in a claim for damages due to interference with the collection

2. As to the Defendant’s grounds of appeal, the lower court limited the Plaintiffs’ liability to compensate for damages to 50%.

Examining the record in accordance with the relevant legal doctrine, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on limitation of liability in liability liability.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against each losing party. It is so decided by all participating Justices.

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