(영문) 수원지방법원 2016.11.24 2015가합2594

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.11.24 2015가합2594

건물명도 등

Text

1. The Defendant (Counterclaim Plaintiff) received KRW 126,610,000 from the Plaintiff (Counterclaim Defendant) and simultaneously attached to the Plaintiff.

Reasons

1. Determination on the main claim

A. 1) Determination as to the claim for delivery of real estate 1) In full view of Gap evidence No. 1-3, Eul evidence No. 4-1-3, Eul evidence No. 4-1-3, and Eul's testimony as to the witness Eul's testimony, the plaintiff's real estate stated in the separate sheet No. 1-2, Nov. 3, 200 (hereinafter referred to as "the land of this case"), and real estate listed in the separate sheet No. 3, "the housing of this case", and the land of this case and the housing of this case (hereinafter referred to as "land of this case").

The fact that the registration of ownership transfer was completed on the ground of sale on October 20, 200, and that the defendant is residing in the house of this case on the land of this case from November 1, 1999 to the present date.

Inasmuch as the Plaintiff asserted that the land and the housing in this case presumed to be owned by the Plaintiff had concluded a loan agreement with the Defendant for use of the land and the housing in this case, it is reasonable to view that the Defendant is liable to return the land and the housing in this case without compensation unless there are special circumstances.

According to the above facts of recognition, from November 1, 1999, the defendant knew that he used and enjoyed the land and the house of this case without compensation, and it is evident that the complaint of this case containing the plaintiff's claim against the defendant for delivery of the land and the house of this case was delivered to the defendant on January 23, 2014.

In light of the above circumstances, the Plaintiff may terminate the loan agreement for use on the ground that the Defendant used the instant land and housing for 14 years or longer, and that the period sufficient to use and profit therefrom has elapsed.

As such, the loan agreement between the plaintiff and the defendant on the land and housing of this case contains the content that the plaintiff seeks to deliver the land of this case and housing.

유사 판례

-울산지방법원 2016.02.03 2015가단60107

-서울고등법원 2017.08.18 2016나210780

-대구지방법원경주지원 2020.10.27 2019가단12759

-춘천지방법원 영월지원 2018.11.28 2017가단12009

-대전지방법원 천안지원 2018.10.17 2018가단929