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(영문) 대전지방법원천안지원 2013.10.23 2013가단14268

건물명도

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”), and the Defendant is a person who granted a loan from the Plaintiff for free.

B. On October 2, 2007, the Plaintiff entered into the following contracts with the Defendant, and around that time, delivered the instant building to the Defendant, and the Defendant occupied and used it until now.

The Plaintiff intended to repair and use the instant building in the state of the construction of the building. As such, the Plaintiff concluded a contract for use as follows by mutual consent.

1. The defendant shall use it free of charge for three years on condition of repair cost.

2. The defendant shall repair and maintain the building for use.

3. The defendant may transfer the right to use to a third party within the period of use.

4. The plaintiff shall not infringe the defendant's right to use for two years, and shall compensate for losses in the event of the violation.

5. The plaintiff and the defendant may conclude a lease contract again after the expiration of the period of use.

6. After the expiration of the period of use (three years), all household tools shall be considered to have been abandoned, and the Plaintiff shall be assigned to the Plaintiff, at will, if the lease agreement was not re-established and the period of time elapsed for more than one month without having to put up the house.

7. The plaintiff and the defendant possess notarial acceptance of the above contents.

C. Since October 2, 2010, there is no fact that a lease contract or any contract between the Plaintiff and the Defendant has been concluded.

[Evidence Evidence] Facts without dispute, entry of Gap evidence 1 to 4, the purport of the whole pleadings

2. According to the facts of the above recognition, it is determined that the Plaintiff and the Defendant concluded a loan agreement between the Defendant and the Defendant for use for a period of three years instead of repairing the instant building, and the period of the said loan agreement terminated. Since no new contract between the Defendant and the Plaintiff was concluded, barring any special circumstance, the Defendant will deliver the instant building to the Plaintiff, barring any special circumstance.