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(영문) 대구지방법원경주지원 2020.10.27 2019가단12759
건물철거 등
Text

1. The defendant shall be the plaintiff.

(a)in sequence 5, 6, 7, 8, and 5 of the Appendix Nos. 5, 6, 7, 8, and 77, prior to C. 727.

Reasons

Basic Facts

Around October 2009, the Plaintiff entered into a loan agreement with the Defendant for use (hereinafter “instant loan for use”) with the Defendant as to the portion (A) of 78 square meters in the ship (hereinafter “instant house”) and the housing of 78 square meters in sequence connected each point of the attached drawings on the instant land, D forest land, 72,92 square meters and E forest land, E, 3,570 square meters, which are owned by the Plaintiff, with the Defendant, with each point of 1,2,3,4, and 78 square meters in sequence.

During the period of the loan for use of this case, the defendant is ordered as per Disposition 1-A on the land of this case.

Each ground object listed in the subsection (hereinafter collectively referred to as "ground object of this case") was constructed, installed, or loaded.

[Ground of recognition] The plaintiff asserted facts without dispute, Gap evidence Nos. 1, 4, 6, and 7 (which include each number; hereinafter the same shall apply) and the purport of the whole pleadings, and the purport of the whole argument that the plaintiff used the land and housing of this case for free use by setting the period of loan for use to the defendant three years.

Therefore, the loan for use of this case terminated at the expiration of the term, and even if not, the plaintiff terminated the contract for the loan for use of this case with the delivery of a copy of the complaint of this case, so the defendant is obligated to deliver the land and the house of this case to the plaintiff

In addition, the Plaintiff, as the owner of the land of this case, seeks removal or removal of the ground of this case to the Defendant.

Judgment

With respect to the claim for the delivery of the instant land and housing, there is no evidence to prove that the period of the instant loan for use expires first, and that the Plaintiff and the Defendant set the period of the instant loan for use three years.

Provided, That if no agreement has been made at the time of loan for use, the borrower shall return the contract or the object at the time when its use and profit has been completed by its nature, and the lender may rescind the contract at any time if the period sufficient to use and profit has elapsed.

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