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(영문) 대전지방법원 천안지원 2018.10.17 2018가단929
관정철거 및 토지인도
Text

1. The Defendant removed the conduits installed in the attached Form No. 605 square meters prior to Asan-si, the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner of 605 square meters (hereinafter “instant land”) prior to ASEAN-si.

B. Around 2012, the Plaintiff permitted the Defendant to use the instant land without compensation without setting the period of use by setting up an official title on the attached appraisal map of the instant land (hereinafter “instant land part”), and the Defendant established and used the instant land part from that time.

C. The Plaintiff requested the payment of rent on the ground that the Defendant had used the instant land portion for a considerable period of time. However, the Defendant did not express any intent on this matter.

【Ground of recognition】 Each entry of evidence Nos. 1 through 3, and the purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff and the Defendant entered into a loan agreement for use of the instant land without fixing the period, and the period sufficient to use and profit from the instant land seems to have elapsed.

Therefore, pursuant to Article 613(2) of the Civil Act, the Plaintiff may terminate a loan agreement for use for the instant portion of land.

However, since the fact that the copy of the complaint of this case, stating the purport that the Plaintiff terminated the loan agreement with the Defendant for use and sought the delivery of the part of the instant land, was delivered to the Defendant on March 6, 2018, it is apparent in the record that the copy of the complaint of this case was delivered to the Defendant on March 6, 2018, the loan agreement on the part of the instant land was lawfully terminated

Therefore, the Defendant is obligated to remove the pipe installed in the part of the instant land and deliver the part of the instant land to the Plaintiff.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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