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(영문) 서울북부지방법원 2014.12.17 2014가단106226
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

On July 27, 2007, the Plaintiff entered into a contract for construction work with the Defendant for the construction work for an apartment complex (hereinafter “instant reconstruction work”) under the order of the Defendant, and agreed to provide the Defendant with subsidies for operating expenses of the Defendant association, including office rent, in accordance with the said agreement. The Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) around March 2009 and provided the Defendant free of charge for use as an office. The Plaintiff started the instant reconstruction work on or around March 2009 and completed the said construction work on or around June 201, and the Plaintiff demanded the Defendant to transfer the instant real estate on or around March 201, and the Plaintiff requested the Defendant to transfer the instant real estate on or around March 2014. The Plaintiff refused delivery on the ground that the settlement of the construction price between the Plaintiff and the Defendant did not complete the settlement of the construction price, and the Plaintiff’s expression of intent to terminate the instant real estate contract with the Defendant on April 9, 2014 through evidence No. 14 or evidence No.

According to the above facts, it is reasonable to view that the period sufficient to use and profit from the instant real estate has elapsed on April 201, when the reconstruction construction was completed from June 201 to April 2014. Thus, a loan agreement between the original and the Defendant on the instant real estate was lawfully terminated by the Plaintiff’s declaration of termination on April 9, 2014.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff, except in special circumstances.

As to this, the Defendant alleged that the Plaintiff could not respond to the Plaintiff’s claim because the settlement procedure was not completed. However, the following circumstances acknowledged by the aforementioned evidence, i.e., the Plaintiff did not cooperate in the settlement procedure as alleged by the Defendant.

Even the defendant has filed a lawsuit.

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