(영문) 의정부지방법원 2016.10.27 2015가단42346

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(영문) 의정부지방법원 2016.10.27 2015가단42346

건물인도 등

Text

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

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

3...

Reasons

1. Facts of recognition;

A. C on April 24, 2008, registered the transfer of ownership for the reason of sale on March 12, 2008 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. C: (a) died on February 16, 2014; (b) on October 28, 2015, the Plaintiff, one of the deceased co-inheritors, divided the inheritance agreement with other co-inheritors to the effect that the entire real estate of this case is inherited solely among other co-inheritors.

C. The Defendant, who was in de facto marital relationship with the deceased C, occupied and used the instant real estate as of the date of the closing of argument.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 6, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the real estate of this case to the plaintiff, unless there are special circumstances.

B. Determination 1 on the defenses 1) The defendant concluded a loan agreement with the net C for use without a fixed period of time and the defendant resides in the real estate of this case, and therefore, the defendant raised to the effect that he had the right to possess the real estate of this case under the above loan agreement, but even if there was no fixed period of time between the defendant and the net C as alleged by the defendant, the defendant's defense is without merit for the following reasons: (a) pursuant to Article 613 (2) of the Civil Act, if the term of the loan is not determined in the loan for use, the borrower shall return the object at the time of termination of use or profit-making due to the nature of the contract or the object, but even if the use or profit-making is not completed in reality, the lender may terminate the contract at any time and claim the return of the object of the loan, and whether the sufficient period of use or profit-making under Article 6

참조조문

-민법 제613조 제2항

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