logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2015.04.16 2014가합101452
건물명도 등
Text

1. The defendant (Counterclaim plaintiff) and the defendant (Counterclaim plaintiff) claimant are jointly and severally liable to the plaintiff (Counterclaim defendant) in attached Form 1.

Reasons

1. Basic facts

A. On February 5, 2014, the Plaintiff entered into a lease agreement with the Defendant that leases part of five floors of the building indicated in the attached Table 1 list owned by the Plaintiff (hereinafter “instant lease agreement”).

B. The Plaintiff, at the Defendant’s request, allowed the Defendant to gratuitously use the part on board (B) and the part (C) and 1, 2, 3, 4, 4, and 1, connected in sequence each point of (C) and the part (C) and 48.85 square meters (hereinafter referred to as “instant real estate” only on the fourth floor (c) of the building indicated in the attached Table 1) connected with each point of (a) and 2, 3, 4, 5, and 2, connected in sequence with each point of (b) and 1, 2, 3, 4, and 1 in sequence, which connected each point of (c) and 48.85 square meters (hereinafter referred to as “instant real estate”).

(hereinafter referred to as “instant loan of use”). C.

The defendant and the defendant acquiring intervenor occupy and use the real estate of this case until the closing date of pleadings of this case.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. Determination as to the cause of the principal claim

A. The facts that the Plaintiff entered into the instant loan agreement with the Defendant with the Defendant as seen earlier. The fact that the Plaintiff’s claim against the Defendant entered into the instant loan agreement on October 1, 2014, stating the Plaintiff’s declaration of intent to terminate the said loan agreement, and that the Defendant reached the Defendant on October 6, 2014, is clearly indicated in the record.

Accordingly, the instant loan agreement was legally terminated on October 6, 2014. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance.

B. The fact that the Plaintiff is the owner of the instant real estate, and the fact that the Defendant Intervenor directly occupies the instant real estate is as seen earlier. The possession of the instant real estate by the Defendant Intervenor is without legitimate authority in relation to the Plaintiff.

arrow