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(영문) 대법원 2015.09.10 2015다9790
건물인도 및 퇴거
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

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

1. According to the reasoning of the lower judgment as to the grounds of appeal on the rescission of a contract, the lower court determined that the exercise of the right to rescind ought to be an expression of intent to the other party, and that the sales contract of this case cannot be deemed to have been lawfully rescinded, since the Plaintiffs did not express their intent to rescind the instant

Examining the records in light of the relevant legal principles, the above judgment of the court below is just, and there is no error in the misapprehension of the rules of evidence, incomplete deliberation, omission of judgment, and disposition documents, as alleged in the grounds of appeal

2. According to the reasoning of the judgment below as to the ground of appeal on the title of possession, the court below determined that the transfer of possession of the building in this case by the deceased F and the Plaintiff B to I had the right to possess the building in this case since it had been performed in advance pursuant to the instant sales contract, and that the Defendant (Appointed Party) and the designated parties permitted the possession and use of the building in this case by I have the right to possess the building in this case.

Examining the record in light of the relevant legal principles, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles as to loans for use, the right to request delivery of buildings, and the method of attack

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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