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1. The Defendant shall deliver to the Plaintiff the 4th floor of 360.06 square meters among the buildings listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Facts of recognition;
A. The plaintiff is a corporation established for the purpose of building, selling, exporting, etc. of a ship, and the defendant is a branch of the Korean Metal Trade Union Busan Metropolitan City Department composed of the plaintiff's workers.
B. From March 20, 2006, the Plaintiff provided the Defendant with the 4th 360.06 square meters of the building indicated in the attached list, owned by the Plaintiff (hereinafter “instant building”) for free use as a trade union office (hereinafter “instant loan for use”).
C. The instant building is located in the Plaintiff’s Youngdo Shipbuilding’s factory, and its duration was not determined at the time of the instant loan for use.
On November 27, 2012, the Plaintiff sent to the Defendant a content-certified mail containing an expression of intent to terminate the instant loan for use and seek to deliver the instant building, and the said mail was delivered to the Defendant on November 28, 2012.
E. The Plaintiff expressed his intention to provide an office to replace the instant building, if the Defendant delivers the instant building.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The Plaintiff asserted that the pertinent loan was terminated by the service of content-certified mail as of November 27, 2012 or the service of the copy of the complaint of this case, and that the Plaintiff seeks to deliver the building of this case.
As to this, the defendant asserts that the plaintiff's termination notice is invalid due to lack of reasonableness and rationality, and it constitutes a labor-management agreement that the plaintiff's office is established in the factory to move out of the factory and an abuse of rights that disregards the defendant's trust, and that the plaintiff's claim cannot be complied with.
3. Determination A.