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(영문) 제주지방법원 2020.06.15 2019가단68437
토지 및 건물인도
Text

1. The Defendants jointly deliver to the Plaintiff the real estate listed in the separate sheet.

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

Reasons

Basic Facts

Attached Form

Each real estate listed in the list (hereinafter referred to as "each real estate of this case") is administrative property owned and managed by the plaintiff.

Since June 2008, Defendant A Saemaul Association obtained permission from the Plaintiff to use and benefit from each real estate of this case, and finally obtained permission to use and benefit from the Plaintiff on November 23, 2018.

The main contents of the conditions of permission for the above use are as follows:

The period of use under Article 2 (Period of Use) shall be from November 23, 2018 to September 30, 2019.

Article 9 (Restrictions on Activities of Employees) An employee shall not engage in any of the following conduct without the approval of the plaintiff:

2. Where the period of use under Article 13 (Return of Property Used) expires or the property used is returned due to the cancellation of permission, it shall be returned to the original state in the presence of the personnel of the plaintiff;

Since 2004, Defendant B leased each of the instant real estate from the side of Defendant A Saemaul Association and operated the restaurant up to the present.

On July 31, 2019, August 30, 2019, and September 30, 2019, the Plaintiff notified the Defendants that they will remove the illegal buildings.

[Ground of recognition] According to the above facts of recognition as to Gap evidence Nos. 1 through 10, Eul evidence Nos. 1 and 2 (including virtual numbers), and the purport of the whole pleadings, since the use permission period for each of the real estate of this case, which was received by the defendant A Saemaul Association, has expired, the defendants who currently possess each of the real estate of this case are jointly obligated to deliver the above real estate to the plaintiff.

As to this, Defendant B asserted that he has the right to possess each of the above real estate since he leased and used the real estate from Defendant A Saemaul Association, but according to Article 9 subparagraph 2 of the conditions of permission for use to Defendant A Saemaul Association as seen earlier.

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