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(영문) 창원지방법원 2016.01.20 2015나32985
토지인도
Text

1. The judgment of the court of first instance shall be modified as follows, depending on the reduction of claims and the addition of claims for damages for delay in the trial.

Reasons

1. Facts of recognition;

A. On December 16, 1989, the network D, the Plaintiff’s put, completed the registration of ownership transfer with respect to the land of 1,523 square meters (hereinafter “instant land”).

After that, the network D died on June 30, 199, and the Plaintiff succeeded to the instant land following a consultation division, and completed the registration of ownership transfer on the instant land on February 24, 2014.

B. After the death of the network D, the Plaintiff allowed a senior mother E to use the instant land free of charge, and the Defendant, upon obtaining permission from E, installed three greenhouses of the steel frame in the instant land at the time of the death of the network D and each of the said plastic greenhouses, boiler equipment, boiler equipment, lighting equipment, large-scale air-conditioning equipment, computer system, etc., and cultivated the sphodes, etc. at each of the said plastic greenhouses.

C. On November 17, 2015, Kim Sea Ballast Co., Ltd. completed the registration of ownership transfer on the instant land due to a consultation on the acquisition of public land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, Eul evidence No. 2 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the Plaintiff terminated the loan agreement between early E on January 1, 2013, and the Defendant occupied and used the instant land without any legal ground from January 1, 2013 to the time the Plaintiff loses its ownership.

Therefore, the Defendant is obligated to return 17,758,400 won (7,934,700 won from January 1, 2013 to April 24, 2014) equivalent to the rent due to the Plaintiff’s occupancy and use from January 1, 2013 to November 16, 2015, the day before the Plaintiff loses ownership of the instant land (i.e., KRW 9,823,700 from April 25, 2014 to November 16, 2015).

B. Determination 1) The borrower cannot allow a third party to use or benefit from the borrowed object without the consent of the lender, and the lender may terminate the contract when the borrower violates the obligation (Article 610(2) of the Civil Act).

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