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(영문) 서울중앙지방법원 2015.06.24 2014가단126115
건물인도
Text

1. Of the real estate listed in the separate sheet Nos. 22, 31, 32, 33, 39, 40, 44, and 22 of the separate sheet No. 2, among the real estate listed in the separate sheet No. 1.

Reasons

1. Facts without dispute;

A. In around 196, the Plaintiff completed the real estate listed in the annexed Table 1, which is the both sub-sponsing parking lots and annexed facilities (hereinafter “instant real estate”), and used the instant real estate by leasing a commercial building with permission for free use for 20 years from Seoul Special Metropolitan City.

B. From July 200, the Defendant, with the Plaintiff’s permission from around July 200, connects each point of the attached Form 22, 31, 32, 33, 39, 40, 44, and 22 among the instant real estate with the Plaintiff’s permission, uses and occupies the portion of (a) 103.6 square meters in the ship (hereinafter “instant office”).

C. Meanwhile, around April 2014, the Plaintiff notified the Defendant that the contract for the use of the instant office was terminated several times, and requested the delivery of the said office.

2. Determination on the cause of the claim

A. The Plaintiff asserted that the Plaintiff entered into a loan agreement with the Defendant for use that did not specify the duration of the pertinent office, and that the Plaintiff may terminate the said contract at any time as the period sufficient for the use and profit-making period of the said office expired, and sought the delivery of the said office against the Defendant.

In regard to this, the Defendant agreed that the Plaintiff’s right to use and benefit from Seoul City exists, or that the Defendant continues to engage in activities for the benefit of merchants, and that the contract is a loan agreement for use, the period of which is not specified, may be deemed to have lapsed only after the lapse of the same period, and that the Plaintiff’s claim was filed.

B. (1) Determination (1) The fact that a contract entered into between the Plaintiff and the Defendant with respect to the instant office is a loan for use is without dispute between the parties, and the term of the loan for use is as alleged by the Defendant.

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