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(영문) 청주지방법원 2019.12.11 2019가단25950

건물명도(인도)

Text

1. The defendants deliver each of the lands and buildings listed in the separate sheet to the plaintiffs.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Judgment on the plaintiffs' assertion of grounds of claim

A. The land and buildings listed in the separate sheet (hereinafter “instant real estate”) are owned by the Plaintiffs. Since around 2009, the Defendants agreed to use the pertinent real estate free of charge (hereinafter “instant loan for use”) from around the time limit, and the Defendants possessed the instant real estate without dispute between the parties or considering the overall purport of the pleadings in each of the evidence Nos. 1 and No. 15.

B. According to the above facts of recognition, barring any special circumstance, the loan agreement between the plaintiffs and the defendant E was lawfully terminated by the delivery of a copy of the complaint of this case at the latest. Thus, the defendant E is obligated to deliver the real estate of this case to the plaintiffs.

In addition, Defendant C, as the possessor of the instant real estate, has the duty to deliver it to the Plaintiffs who are the owners.

The plaintiffs' assertion is justified.

2. Determination as to the assertion by Defendant C

A. Defendant Company: (a) concluded a special agreement between Defendant E and the Plaintiffs to not terminate the instant loan agreement without any special reasons; (b) the Plaintiffs’ termination notice is null and void in violation of the special agreement; and (c) Defendant Company used the instant real estate under the permission of the Plaintiffs and Defendant E; and (d) accordingly, it did not comply with the Plaintiffs’ request.

B. In light of the above, there is no evidence to acknowledge that there was a special agreement as alleged by the defendant company, and the above assertion by the defendant company cannot be accepted without further review.

3. According to the conclusion, the plaintiffs' claims shall be accepted on the grounds of their reasoning, and it is so decided as per Disposition.