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(영문) 서울중앙지방법원 2014.10.08 2014가단96900
건물명도등
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff had C occupy and use the building indicated in the separate sheet owned by the Plaintiff (hereinafter “instant building”) without compensation (hereinafter “instant loan agreement”), and C died on December 15, 2013 while residing in the said building, and the Defendant inherited the property.

B. On January 3, 2013, the Plaintiff sent to the Defendant a content-certified mail containing a declaration of intent to terminate the instant loan agreement on the grounds of the borrower’s death. On January 7, 2013, the Defendant received the content-certified mail.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the above recognition, the instant loan agreement is deemed to have been lawfully terminated on January 7, 2013 by delivering the above content-certified mail containing the defendant's expression of intent to terminate the contract. Thus, the defendant is obligated to deliver the instant building to the plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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