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(영문) 울산지방법원 2016.02.03 2015가단60107

부동산인도

Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point of the attached sheet No. 32, 33, 34, 35, 36, 37, and 32.

Reasons

1. Facts of recognition;

A. On January 2014, the Plaintiff, who returned to the Defendant, newly constructed the instant land and the instant housing without setting a period, on the real estate listed in the attached Form (hereinafter “instant land”) owned by the Plaintiff, each point of which is indicated in the attached Form 38, 39, 40, 41, 42, 43, 44, 45, and 38, connected each point of which is indicated in the attached Form (B), and used the instant land and the instant housing.

B. The defendant resided in the housing of this case and connected each point of the (A) section toilet (hereinafter "the toilet of this case") with attached appraisal in sequence of 32,33,34,35,36,37,37, and 32 with attached appraisal in the order of 46,47,48,49, and 46 each point of (c) section container stuff (hereinafter "the container of this case") connected each point of 46,47, 48, 49, and 46; the same appraisal is also indicated 50,51,52,53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, and 50

C. On July 6, 2015, the Plaintiff and the Defendant discussed the Plaintiff, and thereafter, the Defendant assaulted the Plaintiff, and the Plaintiff complained of the Defendant’s money. However, on December 30, 2015, the Defendant was rather prosecuted for a false accusation.

[Recognition of Facts] The facts without dispute, Gap evidence Nos. 1-2 to Gap evidence No. 4, each of the images, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The parties' assertion that the Plaintiff used the instant land and buildings without fixing the period of use, but the Plaintiff terminated the said loan of use after the lapse of the period sufficient to use and profit therefrom.

(2) The Plaintiff’s intent to terminate the contract for the loan of use is deemed to have been expressed to the Defendant by the delivery of the instant complaint containing the content of seeking the transfer of the instant land, etc.