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(영문) 춘천지방법원 2019.08.14 2018가단57700
건물명도(인도)
Text

1. The defendant delivers the building indicated in the attached list to the plaintiff, and monthly from September 12, 2018 to the completion date of delivery of the building.

Reasons

1. Facts of recognition;

A. The plaintiff is a clan consisting of descendants who set up in C. 16 to D and the defendant is a member of the above clan.

B. On July 1, 2009, the Plaintiff: (a) held an executive meeting; (b) passed a resolution on July 1, 2007, stating that the Defendant, who had been managing the said building by using the buildings listed in the separate sheet (hereinafter “instant building”) from 2007, continue to use the said building for free; (c) manage the said building; and (d) shall pay KRW 500,000 per annum (6 million per annum) as management expenses.

C. The Defendant, according to the Plaintiff’s resolution, uses and benefits the instant building from the date of closing the argument in this case.

(A) The defendant asserts that he removed from the above building, but according to the evidence No. 9, the defendant's goods used in the above building are continuously stored (it can be recognized that the goods used by the defendant are stored in the building).

On March 2018, the Plaintiff held an executive meeting to decide to terminate the loan for use of the instant building and the contract for management delegation, and notified the Defendant that he/she should withdraw from the said building.

E. Meanwhile, the Defendant used, used, and managed the instant building by leasing a part of the instant building. The total rent of the said building was at least one million won as of 2017.

(Entrys in Evidence A 12 and 13). [Grounds for Recognition] A; entry in Evidence A 1 through 10; purport of the whole pleadings

2. Determination

A. Inasmuch as a loan for use and a delegation contract may be freely terminated without any special reason, the Plaintiff’s rescission of the contract for the loan for use and the entrustment of management of the instant building against the Defendant is lawful, barring special circumstances, the Defendant delivers the instant building to the Plaintiff, barring special circumstances. The unjust enrichment occurred from March 3, 2018 when the contract for the loan for use and profit of the instant building was terminated, but it is calculated from September 12, 2018, which is the day following the delivery of the complaint of this case sought by the Plaintiff

2. Undue profits;

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