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(영문) 춘천지방법원강릉지원 2019.01.09 2018가단33943
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff the 5th floor of 238.78 square meters among the real estate listed in the attached list.

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

Reasons

1. Facts of recognition;

A. On January 17, 2014, the Plaintiff filed for registration of ownership preservation on the real estate listed in the separate sheet (hereinafter “instant building”).

B. From January 17, 2014, the Defendant, from around January 17, 2014, uses the 5th floor of the instant building without compensation, and operates dental clinics.

C. The plaintiff is a child of C, and the defendant is the husband of C's son's father.

[Ground of recognition] Facts without dispute, entry of Gap 3 and 4 evidence (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of the claim: (a) pursuant to Article 613(2) of the Civil Act, if the duration of the loan for use is not determined; (b) the borrower shall return the object at the time when the loan for use expires in accordance with the nature of the contract or the object; (c) however, even if the loan for use has not been completed in reality, the lender may terminate the contract at any time and claim the return of the borrowed object when the sufficient period for use and profit expires; and (d) whether the sufficient period for use and profit under Article 613(2) of the Civil Act has expired shall be determined by 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 as at the

(See Supreme Court Decision 2001Da23669 Decided July 24, 2001, etc.). In the following circumstances, the Defendant’s use period of five floors among the instant buildings without compensation is up to four years and ten months as of December 12, 2012, which is the date of the closing of argument in this case, as of December 12, 201, the Plaintiff, upon the recommendation of his father C, used five floors among the instant buildings owned by the Defendant, for free use of five floors among the instant buildings owned by the Plaintiff, and operated dental clinics: ③ the Plaintiff around March 2018:

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