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(영문) 수원지방법원여주지원 2017.09.28 2017가단52745

건물명도(인도)

Text

1. The defendant, among the real estate listed in the attached list in the attached list, shall be as follows: A, B, C, D, F, and A:

Reasons

1. Facts of recognition;

A. On January 18, 2016, the Plaintiff and the Defendant agreed to restore the entrusted property to its original state and immediately transfer the property to the Plaintiff when the entrustment period expires or the agreement is terminated. The Plaintiff and the Defendant agreed to designate the entrustment period as December 31, 2016.

B. Pursuant to the instant agreement, the Defendant occupied and used the portion of 22.1 square meters in a ship (10.47 square meters in a guard room, 11.63 square meters in a lodging room) in the attached list owned by the Plaintiff among the real estate listed in the attached list owned by the Plaintiff, and the portion of 35.82 square meters in a ship (22 square meters in a room, 315.60 square meters in a warehouse, hereinafter referred to as “each of the above parts of the real estate”) connected with each of the items in the attached list in order of each of the items in the attached list owned by the Plaintiff, which is located in the same as the indication of drawings, b. (10.47 square meters in a guard room, 11.63 square meters in a lodging room) and in the same order. The Defendant did not comply with the Plaintiff’s request for the delivery of each part of the real estate in this case.

[Evidence Evidence: Descriptions of Evidence Nos. 1 through 5 and the purport of the whole pleadings]

2. Judgment on the parties' arguments

A. According to the above facts of recognition as to the cause of the claim, since the agreement of this case was lawfully terminated by the expiration of the entrustment period, the defendant is obligated to deliver each possession portion of the real estate of this case to the plaintiff.

B. The judgment of the defendant's assertion is that the defendant is obligated to enter into an agreement on the entrusted operation of the Monyang Memorial with the defendant, who is the second-class person with the qualification for recruitment, as the first-class person in accordance with the recruitment announcement to select a new entrusted person. The defendant was selected by the Saemaul Council "Seoul University, Seoul University, Industry-Academic Cooperation Foundation and the Saemaul Council 1," but the selection procedure is unlawful and the above designated person withdraws the application for entrusted operation.