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(영문) 창원지방법원거창지원 2017.07.11 2017가단198
건물명도 및 퇴거청구
Text

1. The defendant moves out of the building indicated in the attached list the second floor of 206.99 square meters, and delivers the above building to the plaintiffs.

Reasons

1. Indication of claim;

A. Plaintiff Incorporated Co., Ltd. (hereinafter “Plaintiff Incorporated”) is the owner of the building indicated in the attached Table, and Plaintiff B is the person who has been delegated the authority to use the building by the Plaintiff Incorporated.

B. On April 15, 2015, the Plaintiff B and the Defendant concluded a loan for use with the content that the Defendant would use the second floor 206.99 square meters (hereinafter “instant building”) from among the buildings indicated in the attached list, which were used as “pharmaceutical seafarer” (hereinafter “the instant building”) for free on condition that the Defendant would use the second floor 206.9 square meters for the purpose of illegal propagation and succession of doctrine for twenty (20) years.

C. The Defendant did not perform the duty of illegal propagation and succession of doctrine under the above loan agreement, and did not return to the instant building after leaving the building on or around December 2, 2012, and thus, on the delivery of the copy of the complaint of this case, terminated the said loan agreement by serving the copy of the complaint of this case.

(Plaintiff asserted that the Defendant was notified of the termination of the contract on June 13, 2016. However, according to the evidence No. 2, it is acknowledged that the Plaintiff sent the Defendant a certificate of contents of notice of termination on June 13, 2016, and there is no evidence to acknowledge that the above certificate of content reaches the Defendant, the Plaintiff decided to terminate the loan of use by delivery of the copy of the written complaint of this case.

Therefore, the defendant is obligated to leave and deliver the building of this case to the plaintiff Eul, who is the owner of the building of this case, and the lender of the loan agreement of this case.

2. Article 208 (3) 3 of the Civil Procedure Act of the applicable Act;

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