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(영문) 서울중앙지방법원 2015.01.20 2014가단5076246
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. As a lessee of a lease agreement concluded with the Korea Land and Housing Corporation on March 22, 2012 with regard to the building of this case as indicated in the separate sheet, the claim of this case seeking the transfer on the ground that the period of free use from December 21, 2013 to the end of February 2014, the Plaintiff granted to the Defendant has expired cannot be accepted.

2. The reasons for the above determination are as follows.

The legal nature of the use relation of the instant building (as asserted by the Plaintiff) can be deemed as a loan for use.

Even if there is no objective evidence to prove that the termination period was agreed between the Plaintiff and the Defendant by the end of February 2014, and furthermore, the Defendant made a certain effort to obtain the sale (lease) of the instant building, which is a public rental housing in the name of the Plaintiff, in the name of the Defendant, for the purpose of the Defendant’s use of the instant building, and for the Defendant’s use of the instant building in the name of the Plaintiff. In light of all the circumstances such as the Plaintiff’s relationship with the Defendant, the Defendant appears to have taken occupancy in the instant building, and the Plaintiff’s side and the Defendant’s relationship, etc., as of the date of the closing of argument in this case (one-year use of the instant building) cannot be readily determined to have lapsed, the Defendant’s duty of delivery cannot be acknowledged.

On the other hand, if the legal nature of the use relation to the building of this case is deemed as a lease (as alleged by the defendant), the lease is established when one of the parties agrees to allow the other party to use or make a profit from the object and the other party agrees to pay rent for it. Even if the lessor has no ownership or right to lease it, the lease is effective; see, e.g., Supreme Court Decision 2008Da38325, Sept. 24, 2009); or 2 years.

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