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(영문) 창원지방법원진주지원 2017.12.14 2016가단31714
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in Attachment 1;

B. From August 4, 2017, buildings above.

Reasons

1. Basic facts

A. As to each of the instant apartment units listed in the separate sheet, the apartment units listed in paragraph (1) of the attached Table 1 (hereinafter “instant apartment units”) are apartment units leased by the Plaintiff on November 14, 2002 by paying the lease deposit of KRW 31,00,000,00 from Nauri-si Co., Ltd... The Plaintiff renewed the lease agreement with the lessor on the instant apartment units. According to the renewed lease agreement on February 2, 2014, the lease deposit for the instant apartment units is KRW 31,00,000, monthly rent is KRW 120,000. After the Plaintiff leased the instant apartment units, the Defendant, who is the Plaintiff’s model, resides in the instant apartment units (hereinafter “instant apartment”). The Defendant is a real estate owned by the Plaintiff, and the Defendant manages the instant apartment units on its ground.

B. As to the lawsuit filed by the Plaintiff and the Defendant (hereinafter “related lawsuit”), the Defendant filed a lawsuit claiming ownership transfer registration against the Plaintiff, asserting that the prescriptive acquisition period for part of 1,297 square meters of the total area of 2,433 square meters owned by the Plaintiff was completed, in relation to the Plaintiff’s lawsuit.

(J) On October 15, 2015, the court of first instance dismissed the Defendant’s claim on the ground that the Defendant had occupied for 20 years on October 15, 2015, even though it is recognized that it had occupied for 20 years.

Although the Defendant appealed (the Changwon District Court 2015Na10435) on June 30, 2016, the judgment against the Defendant became final and conclusive on July 26, 2016.

[Reasons for Recognition] Unsatisfy, Gap 1-5 evidence (including a satisfy number), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts based on the termination of a loan for use, the Plaintiff and the Defendant concluded a loan for use on the instant apartment and land at around 2002.

However, by filing a lawsuit against the plaintiff, the trust relationship between the plaintiff and the defendant is weak, and the period of use of the defendant is considered.

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