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(영문) 서울남부지방법원 2017.04.25 2016가단227933
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

1. Facts of recognition;

A. On December 9, 2015, the Plaintiff and the Defendant entered into an agency service contract with regard to services, such as the overall agency and management of housing construction projects, the entire agency and management of land purchase projects, and the overall agency and management, etc., of Gangseo-gu Seoul Metropolitan Government Fire-Fighting Zone 247-194.

B. Accordingly, the Defendant carried out the purchase business of land and buildings 247-194, Gangseo-gu, Seoul, and the Plaintiff entered into a sales contract with the owners of land and buildings above 247-194 on December 11, 2015 with the owners of land and buildings above 21.35 billion won on the same day, and completed the registration of ownership transfer on the same day.

C. immediately after that, the Plaintiff had the Defendant use the real estate listed in the separate sheet (hereinafter “instant real estate”) among the above 247-194 land and above-ground buildings as an office for providing services, and the Defendant used the instant real estate from around that time to the closing date of the argument in the instant case as an office.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant used the real estate of this case without compensation is merely based on the plaintiff's subparagraphs, and the defendant is obligated to deliver the real estate of this case to the plaintiff.

B. According to the above facts of recognition, immediately after December 11, 2015, the Plaintiff entered into a loan agreement with the Defendant for use, which does not specify the term of permission for the Defendant to use the instant real estate owned by the Defendant without compensation, and it is reasonable to view that the Defendant occupied the instant real estate accordingly.

Furthermore, in cases where a loan for use has not been agreed upon at the time of return, if the period sufficient to use and take profits has expired, the lender may terminate the contract at any time, and the period sufficient to use and take profits therefrom.

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