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(영문) 전주지방법원정읍지원 2020.01.15 2018가합2566
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicating the attached real estate.

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

Reasons

1. Facts of recognition;

A. On September 18, 2014, the Plaintiff purchased 10,256.5 square meters (hereinafter “instant land”) in Seoan-gun, Seoan-gun, Jeonbuk-gun, Jeonbuk-gun, and completed the registration of ownership transfer under the receipt No. 19093 on November 12, 2014. The Plaintiff newly constructed a building stating the indication of attached real estate (hereinafter “instant building”) on the instant land, and completed the registration of ownership preservation under the former District Court Branch of the Jeju District Court No. 17598, Sept. 25, 2015.

B. On October 2015, the Plaintiff converted the parcel number of the instant land into a road name address by the Defendant around October 2015, the former Northwestan-gun, where the instant land and the instant building belong.

The building of this case, without setting a deadline under the condition to assist the work of the E farm located at the location (hereinafter “the farm of this case”), was verbally permitted to use the building of this case as the defendant’s accommodation at the defendant’s accommodation at the time around that time. The defendant has been occupying and using the building of this case transferred from that time to that time.

C. On November 30, 2017, the Plaintiff was unable to allow the Defendant to use the instant building free of charge. As such, the Plaintiff sent a notice requesting delivery by mail verifying the content, and on December 1, 2017, the Defendant sent the said content-certified mail to the Defendant.

The recipient is F, a corporate partner of the defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff and the Defendant are deemed to have concluded a loan agreement for use under Article 609 of the Civil Act, on or around October 2015, for the following reasons: (a) the Plaintiff had the Defendant use and benefit from the instant building, one’s own ownership, without setting a deadline; and (b) thus, the Plaintiff and the Defendant are deemed to have concluded the loan agreement for use

On the other hand, the proviso of Article 613(2) of the Civil Act provides that the contract may be terminated at any time when the period sufficient for the use of and benefit from the loan expires, in case where there is no agreement as to the time of returning the borrowed

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