(영문) 수원지방법원 2018.01.24 2017가단18718

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(영문) 수원지방법원 2018.01.24 2017가단18718

부동산명도

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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 January 7, 2014, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), the Plaintiff entered into an apartment lease agreement with Nonparty D, the owner of the relevant real estate, by setting the rental deposit amounting to KRW 280 million and the contract term as of January 26, 2016. On January 27, 2016, the Plaintiff entered into a new contract with the content that the rental deposit amount is KRW 30 million and the contract term is increased to KRW 30 million and the contract term is until January 26, 2018.

B. As of January 31, 2014, the Defendant was appointed as a member of the Plaintiff church, and the Plaintiff provided the instant real estate to the Defendant as a company house.

C. However, on September 11, 2016, the Defendant retired from the office of the Plaintiff church as a member of the church, and currently occupied the instant real estate.

The documents stating that “A” related to the instant real estate, which was drafted around September 2016, the time when the Defendant retired from the office of the Plaintiff church, stated as “A” to “A-11/30 days” and “B” to “A” to “B”, and the Defendant appears to have selected the “A” among them.

[Ground of Recognition] Facts without dispute, entry of Gap 2, 3, 5, and Eul 2 (including virtual numbers), the purport of the body before oral argument

2. The assertion and judgment

A. According to the judgment on the cause of the claim, the plaintiff and the defendant provided the real estate of this case to the defendant who is the plaintiff who is the plaintiff as the standing pastor as the company's house and used it without compensation. The defendant agreed to use it while the plaintiff church is in office as the standing pastor and then to return it if he is retired from the office of the standing pastor. On the other hand, as seen earlier, the defendant retired from the office of the plaintiff church on September 11, 2016, and barring any special circumstances, the defendant shall be deemed to have retired from the office of the standing pastor of the plaintiff church. Thus, the defendant shall be deemed to have held the real estate of this case to the plaintiff.

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