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(영문) 대구지방법원 2020.04.23 2018가단21309
건물명도 등
Text

1. The Defendants are to the Plaintiff:

(a) deliver the real estate listed in the separate sheet;

(b) Jointly KRW 6,033,806 and April 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter “instant building”).

B. The Plaintiff allowed E to use the instant building without compensation.

[Defendants cannot accept as follows] (2) Defendant B’s wife, Defendant C, and D are their children.

The Defendants are occupying the instant building after E died on June 20, 2018.

C. On August 22, 2018, the Plaintiff sent to Defendant B’s mobile phone pictures a document containing “E would terminate the contract to allow the use of the instant building without compensation” (which was sent to Defendant B by content-certified mail, but which did not have been presented).

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-1, Gap evidence 2-2 (the defendants' assertion disputing the establishment of a petition shall not be accepted as examined in the following Paragraph 3), Gap evidence 3-1, 2, Gap evidence 6, Eul evidence 3, Eul evidence 3, and 4, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts acknowledged on the duty to deliver the instant building, the Defendants are obligated to deliver the instant building to the Plaintiff, the owner.

(a) If a person who borrows an article without consideration dies, the person who borrows the article may terminate the contract;

(Article 614 of the Civil Code). The relationship between the heir and the borrower will continue until the borrower exercises his right to terminate the contract.

(B) On August 22, 2018, the Plaintiff had reached the Defendant B’s intent to terminate the instant building loan agreement.

The Defendants jointly inflict damages on the Plaintiff by occupying the instant building without title from the following day.

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