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(영문) 수원지방법원 2018.04.17 2017가단537097
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff the third floor rooftop 41.8 square meters among the buildings listed in the attached list.

2. The costs of lawsuit shall be.

Reasons

1. The fact that the Plaintiff is the owner of the building indicated in the attached list, and the fact that the Defendant, as managing staff of the B church from November 2016, occupied and used the three floors of the above building (hereinafter “instant building”) as a company house, is not disputed between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in the evidence No. 1. Thus, the Defendant, the possessor, is obligated to deliver the instant building to the Plaintiff, the owner, unless there are special circumstances.

2. The defendant's argument regarding the defendant's assertion argues that the plaintiff's request cannot be complied with until the problem of dismissal is resolved, since the defendant was unfairly dismissed from the members of the B church, and the above argument was allowed to occupy and use the building of this case from the plaintiff while he was to work as the management personnel of the B church. Since the defendant was unfairly dismissed, it is still deemed that the B church's management personnel has legitimate authority to occupy and use the building of this case.

In full view of the whole arguments, the defendant, at the time of being employed as the managing staff of the B church, concluded a loan agreement with the plaintiff to use the building of this case free of charge without fixing the time limit.

However, the plaintiff clearly expresses his intention to terminate the above loan agreement at the complaint of this case, so the above loan contract has been terminated accordingly.

According to Article 613(2) of the Civil Act, if the duration of a loan for use is not specified, the borrower shall return the object at the time when use or profit-making according to the nature of the contract or the object is completed, but if the sufficient period for use or profit-making has expired in reality, the lender may terminate the contract at any time and demand the return of the object borrowed.

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