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(영문) 서울남부지방법원 2018.04.12 2017가단17294 (1)
건물명도 등
Text

1. The Defendant shall pay KRW 5,820,60 to the Plaintiff the annual interest rate of KRW 15% from July 19, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Gangseo-gu Seoul Metropolitan Government C Apartment No. 104, 904 (hereinafter “instant apartment”) and used the said apartment as the Plaintiff’s company housing.

B. On August 1, 2007, the Defendant entered the Plaintiff and resided without compensation in the instant apartment from March 2015, and the Plaintiff was the Defendant at the Disciplinary Committee held on February 28, 2017.

3. 2. A decision of dismissal was made and thereafter notified to the Defendant at that time.

C. The Plaintiff’s explanation to the Defendant on March 22, 2017

4. By December 22, 200, the notice was given by the content-certified mail that the apartment should be removed from the apartment and that the apartment should be returned.

The Defendant removed the instant apartment on July 18, 2017, and the amount equivalent to the rent of the instant apartment from April 23, 2017 to July 18, 2017 is 5,820,600 won.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3 and 4, the result of the commission of appraisal of rent to appraiser D by this court, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to Article 613(2) of the Civil Act, if the duration of a loan for use is not determined, the borrower shall return the object at the time when the contract or the object of use is terminated, but even if the use and profit has not been completed in reality, the lender may terminate the contract at any time and claim the return of the object borrowed when the sufficient period for use and profit has elapsed. The issue of whether the sufficient period for use and profit under Article 613(2) of the Civil Act has expired shall be determined based on whether it is reasonable to recognize the right to terminate the contract to the lender from the perspective of fairness, comprehensively taking into account the circumstances at the time of the loan for use, the period of use and use of the borrower, and the circumstances where the lender needs to return, etc. (see Supreme Court Decision 201Da2369, Jul. 24, 2001).

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