(영문) 서울고등법원 2016.07.26 2015나25381

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(영문) 서울고등법원 2016.07.26 2015나25381

건물명도

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, part of the judgment of the court of first instance shall be made as follows:

2. In the part of the first instance judgment, the term “the deposit for lease” in each of the 10th 4th 3, 12, 16th 4th 3th 4th 4th 9th 9, 13th 4th 10th 4th 4th 4th 4th 10th 4th 4th

The first instance court's judgment 6 pages 2 to 8 pages 11 below (=the second paragraph part) shall be followed as follows.

1) The parties’ assertion that “A. 3 Lease Contract is a lessee under the third lease contract.” The parties’ assertion that the third lease contract is “E” because they concluded the third lease contract with the co-defendant E (hereinafter “E”) with the intent to refund the lease deposit upon the termination of the lease contract. Accordingly, the lessee of the third lease contract is the actual lessee under the third lease contract, unlike I, E, and Defendant 3 at the time of concluding the third lease contract, and E is the Defendant, and E is the lessee under the third lease contract. Therefore, the third lease contract is the Defendant.

2) As to who is a party to a contract in cases where an actor who entered into a related legal doctrine was engaged in a legal act in the name of another person, in which case the actor and the other party agree with each other, the parties to the contract shall be determined according to the same intent. In cases where the intent of the actor and the other party does not coincide with each other, the parties shall be determined according to the overall overall circumstances before and after the conclusion of the contract, including the nature, content, purpose, and details of the contract, if a reasonable person exists, based on which the other party would understand the person among the actor and the nominal owner as a party to the contract (see, e.g., Supreme Court Decision 2010Da83199, Feb. 10, 201). 3) Determination No. 8, 10 through 12, and 14, and testimony and arguments of the first instance witness M, the first instance witness M

참조조문

-민사소송법 제420조

참조판례

-대법원 2011. 2. 10. 선고 2010다83199,83205 판결

유사 판례

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