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(영문) 대법원 2015.07.09 2015다208719
건물철거 및 토지인도
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by misunderstanding the legal principles on the exercise of the right to demand a ground object purchase, the lower court, citing the judgment of the first instance court, acknowledged that the Defendant’s delayed rent has reached the two rents, and thus, recognized that the instant building was to be removed and the instant land was to be handed over by restoring to its original state upon termination under the instant lease agreement and Articles 640 and 641 of the Civil Act, and determined that the Defendant could not exercise the right to demand a ground object purchase insofar as the instant lease contract was terminated

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the requirements for exercising the right to demand ground property and mandatory provisions, contrary to what is alleged

2. As to the grounds of appeal that misunderstanding the legal principles on abuse of rights, the lower court cited the first instance court’s judgment, and, based on the evidence submitted by the Defendant alone, filed a claim for removal of the instant building to inflict pain and damage on the Defendant.

The defendant's defense of abuse of rights is not accepted because it is deemed that the removal claim of this case is not in violation of social order.

The allegation in the grounds of appeal is merely an error in the selection of evidence and the determination of value of evidence belonging to the free trial of the fact-finding court, as the purport of disputing such fact-finding by the court below

In addition, even when examining the reasoning of the lower judgment in light of the relevant legal principles and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on abuse of rights as alleged in the grounds of appeal.

3. Therefore, all appeals are 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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