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(영문) 전주지방법원정읍지원 2020.06.23 2019가단10949
건물등철거
Text

Of the 1395 square meters prior to Jeonbuk-gun, the defendant has each of the following points: attached reference marks 29, 30, 31, 32, 33, 34, 35, 36, and 29.

Reasons

In around 1998, the Plaintiff leased the land indicated in Paragraph (1) of the Disposition to the Defendant without compensation, and the fact that the Defendant constructed a new building, etc. indicated in Paragraph (1) of the Disposition on the said land is contrary to the usage law agreed by the Defendant does not conflict between the parties

Therefore, the above loan contract was terminated by serving a copy of the complaint of this case, including an expression of intent to terminate the above loan of use, on the defendant.

(Article 610(1) and (3) of the Civil Act. Therefore, the defendant is obligated to remove buildings, etc. as stated in Paragraph (1) of this Article and deliver the land to him.

As to this, the defendant alleged that the plaintiff promised to pay the director's expenses, but there is no evidence to acknowledge it.

In addition, although the defendant demanded compensation for lost trees planted on the above land, the borrower is obligated to restore the borrowed goods to its original state when he returns the borrowed goods (Article 615 of the Civil Act). Thus, the defendant is obligated to collect the above lost goods and deliver the land to the plaintiff, and the defendant is not obligated to claim compensation to the plaintiff.

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