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(영문) 대전고등법원 2020.05.07 2020나10303
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

2. The defendant bears the costs of appeal.

Purport of claim and appeal

1..

Reasons

The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except in the following Paragraph 2. Thus, we accept it pursuant to the main sentence of Article 420 of the Civil Procedure Act. The part to be used by the court is "Plaintiff" as "Plaintiff (the name of the juristic person before change: A corporation before and after change: hereinafter referred to as "Plaintiff" without distinction before and after change of name")" in the second part of the judgment of first instance.

Part 5 of the judgment of the court of first instance, the part of "A Nos. 1 through 4 (including branch numbers for those with branch numbers)" in Part 14 of the judgment of the court of first instance shall be chips "A 1 through 4, and 11 (including branch numbers for those with branch numbers)".

Article 3-B of the first instance judgment.

3) The part of paragraph (1) (No. 6 of the first instance judgment No. 9 and No. 11) is as follows. 3) If the exercise of the right is intended to inflict pain on the other party, and there is no benefit to the person who exercises the right, and there is objective violation of social order, the exercise of the right is not allowed as an abuse of rights, and the subjective requirement for causing pain or damage to the other party can be ratified by objective circumstances shown by the exercise of the right holder's legitimate interest. Whether the exercise of the right becomes an abuse of rights should be determined based on individual and specific matters (see Supreme Court Decision 2010Da59783, Dec. 9, 2010). Even if the Plaintiff consented to the conclusion of the lease agreement, the circumstances alleged by the Defendant alone are sufficient to seek subjective pain on each of the buildings of this case.

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