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(영문) 대법원 2015.09.10 2015다214066
유치권부존재확인
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that the Defendant did not have a lien on the instant cartel, on the grounds that it is difficult to view the Defendant as having the right to claim reimbursement of necessary or beneficial expenses with respect to the instant cartel.

In light of the records, the above determination by the court below is just and acceptable, and contrary to the allegations in the grounds of appeal, there were no errors of violating the law of logic and experience and exceeding the bounds of the free evaluation of evidence, or of misapprehending the legal principles on lien.

Therefore, the appeal is 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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