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(영문) 서울동부지방법원 2015.01.21 2014가단105722
건물명도
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of transfer of ownership based on donation No. 147252, Dec. 29, 2003, as Seoul Eastern District Court No. 147252, Dec. 30, 2003, with respect to each real estate listed in the separate sheet owned by the network E (hereinafter “instant real estate”).

B. Defendant B, his spouse, Defendant C, and Defendant D, together with Defendant D, resided in the instant real estate from September 2003.

C. Defendant B and the Plaintiff are the deceased E, and Defendant B filed a lawsuit against the Plaintiff on August 23, 2013 against the Plaintiff on the inheritance recovery seeking the implementation of the procedure for ownership transfer registration as to certain portion of the instant real estate and the claim for restitution of legal reserve of inheritance.

(Seoul Eastern District Court 2013Kadan45113, hereinafter referred to as the “instant litigation”). 【The grounds for recognition】 there is no dispute, the entries in Gap evidence 1 to 4, and the purport of the whole pleadings.

2. The assertion and judgment

A. (1) Determination as to the cause of claim (1) The Defendants asserted that the Plaintiff had occupied the instant real estate from around September 2003 under a loan agreement with the Plaintiff. For more than 10 years, the Defendants occupied the instant real estate, and the period sufficient to use the object of the loan for use and profit-making has elapsed. Since the contract for the loan for use of the instant real estate was terminated due to the delivery of a copy of the complaint stating the Plaintiff’s declaration of intent to terminate the contract, the Defendants are obligated to deliver the instant real estate to the Plaintiff

(2) According to the judgment, if the duration of a loan for use is not determined in accordance with Article 613(2) of the Civil Act, the borrower shall return the object at the time of termination of the use or profit in accordance with the nature of the contract or the object, but the lender may terminate the contract at any time and claim the return of the object borrowed, even if the use or profit has not been completed, and if the sufficient period for profit has elapsed, the lender may claim the return of the object borrowed. Accordingly, the use and profit under Article 613(2) of the

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