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(영문) 부산지방법원 2019.08.22 2018가단13772
건물인도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On August 2015, the Plaintiff had the Defendant, who was under the teaching system around August 2015, use the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by him/her free of charge, and the Defendant is occupying the instant real estate up to now.

B. The Plaintiff sent a text message to the Defendant, around December 2017, to the effect that “the use of the instant real estate is called,” and sent a content-certified mail to the effect that “the instant real estate is handed over,” around March 26, 2018 and around April 20, 2018.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the relevant legal principles and 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 the contract or the use and profit-making of the object is completed, but even if the use and profit-making is not completed in reality, the lender may terminate the contract at any time when the period sufficient for the use and profit-making expires, and may demand the return of the object borrowed. Whether the period sufficient for the use and profit-making has expired or not shall be determined based on whether it is reasonable to recognize the right to terminate the contract to the lender from the perspective of fairness, comprehensively taking into account the circumstances at

B. (See, e.g., Supreme Court Decision 2001Da23669, Jul. 24, 2001).

Judgment

According to the above facts, around August 2015, the Plaintiff entered into a loan agreement for use (hereinafter “instant loan agreement”) with the Defendant, which did not set the period of time on the instant real estate, and the Plaintiff’s aforementioned evidence and evidence as stated above, as well as evidence Nos. 13 and 14, and the purport of the entire pleadings in this court.

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