(영문) 광주지방법원장흥지원 2019.03.13 2018가단5851

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(영문) 광주지방법원장흥지원 2019.03.13 2018가단5851

건물명도(인도)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building indicated in the attached Form (hereinafter “instant building”).

B. The Defendant is operating a brewing house with the trade name “C” in the instant building with the Plaintiff’s punishment and the Plaintiff’s consent to use.

C. On July 16, 2018, the Plaintiff notified the termination of the loan agreement for use (hereinafter “instant contract”) on the ground that the trust relationship with the Defendant was broken out.

[Ground of recognition] A without dispute, Gap evidence 1, 3 evidence, Eul evidence 8 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s contract of this case is a loan agreement for use under the condition that the Plaintiff shall not use the building of this case only for the purpose of research and development of medicinal shelters for export, and the goods produced from the building of this case shall not be sold in the customers or interesting groups of the Dju, operated by the Plaintiff, and the building shall not be immediately returned at the time of the violation. The Defendant produced the consignment in violation of the above condition and supplied it to the customers of the Dju, thereby the Plaintiff rescinded the loan agreement. Thus, the Defendant is obliged to deliver the building of this case to the Plaintiff.

In addition, the defendant not only violated the terms and conditions of the contract of this case but also committed an act of harming the trust relationship by assaulting the plaintiff and making it inevitable for her mother, and on this ground, the plaintiff terminated the contract of this case. Thus, the defendant is obligated to deliver the building of this case to the plaintiff.

B. The contract of this case does not impose the conditions asserted by the Plaintiff.

The instant contract is a loan contract with no term of time fixed for use. The Defendant did not violate the usage rules of the instant contract, and the period sufficient to use and profit therefrom has not elapsed, and there was no death or bankruptcy of the borrower.

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