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(영문) 창원지방법원 2016.10.11 2016가단101450

건물명도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The Defendant’s KRW 3,600,390 and June 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On June 24, 2015, the Plaintiff is the owner who completed the registration of ownership transfer for the real estate listed in the separate sheet (hereinafter “instant real estate”) on June 24, 2015, and C is a worker who worked in D Co., Ltd. (hereinafter “D”), and the Defendant is C’s mother.

B. The real estate of this case is a member apartment who provided D for its members and their families, and the defendant entered into a free loan agreement with D, and is residing in the real estate of this case from around 2005 to around 2005.

C. On June 16, 2015, the Plaintiff prepared a written confirmation of free residence (hereinafter “instant confirmation”) with the effect that the Defendant is responsible for property damage caused by the nonperformance of the above clause (hereinafter “instant confirmation”). < Amended by Act No. 11788, Jun. 16, 2015; Act No. 13183, Feb. 2, 2015; Act No. 13358, Feb. 3, 2014>

On December 23, 2015, the Plaintiff terminated a gratuitous loan agreement with the Defendant, and sent content-certified mail demanding to issue an order within 14 days from the date of receipt of the notice of termination of the contract. The Defendant received the above notice on December 28, 201.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff's assertion as to the cause of the claim 1). The plaintiff is a company house that the plaintiff actually operated as the representative D's company provided for the welfare of its employees, and the plaintiff had C and the defendant who had been employees of the company reside free of charge in the above real estate without setting a deadline, but C retired from the above company. The free loan contract between the plaintiff and the defendant was terminated in light of the nature of the contract for use.