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(영문) 대법원 2015.06.26 2014다27050
건물명도등
Text

The judgment below

Among the parts against Defendant H, the part against Defendant H is reversed, and this part of the case is remanded.

Reasons

1. The judgment of the court below on Defendant V’s appeal against Defendant V did not contain any indication in the appellate brief regarding the judgment on the appeal against Defendant V.

2. The lower court determined as to the grounds of appeal against Defendant F, G, I, J, L, and M, on the grounds as indicated in its reasoning, determined that the Plaintiff D (hereinafter “Plaintiff D”) agreed to pay for the construction price claims against AC, AF, AG, and H, and that the said Defendants lawfully acquired the right to possess and use each of the relevant households from the Defendant M who was delegated by the said AC, etc., in lieu of payment of the construction price claims against AC, AF, AG, and H.

In light of the records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by violating the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending

3. Determination on the grounds of appeal against Defendant H

A. The lower court determined as follows: (a) on September 21, 2007, the Plaintiff D agreed to pay in kind 301 among the instant apartment buildings in lieu of the repayment of the claim for the construction price against AD; (b) delegated all rights to the settlement and recovery of the claim for the construction price to the Defendant M on March 15, 2008; (c) on June 2008, the Defendant M had the Defendant M occupy the above 301 possession of the said 301 possession around October 2008; (d) on April 15, 2010, the Plaintiff D transferred the ownership of the said 301 ownership to Y Co., Ltd.; (e) on the same day, the said company transferred the ownership of the Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) to the Plaintiff Co., Ltd. (hereinafter “Plaintiff”) on the same day; and (e) on the premise that Defendant H lawfully lawfully acquired the right to possess and use the said claim from the Defendant M, who was delegated by the Plaintiff M.

B. Examining the record in light of the record.

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