(영문) 수원지방법원 2018.08.08 2018가단3102

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(영문) 수원지방법원 2018.08.08 2018가단3102

건물명도

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1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.

2. The costs of lawsuit shall be borne by the defendant.

3...

Reasons

1. Facts of recognition;

A. In 1986, Nonparty C entered into a loan agreement allowing the Defendant to use the entire building indicated in the attached Form (hereinafter “instant building”) free of charge.

B. C donated the instant building to D and completed the registration of ownership transfer on March 13, 2006, and D donated the instant building to the Plaintiff on April 13, 2010, thereby completing the registration of ownership transfer on April 22, 2010.

C. Around that time, the Plaintiff entered into a loan agreement that allows the Defendant to continue to use the instant building free of charge.

Around November 23, 2017, the Plaintiff planned to construct a new building on the site of the instant building, and notified the Defendant of the termination of a loan for use by content-certified mail and demanded the return of the building until the end of December 2017.

[Evidence: Evidence No. 1, Evidence No. 1, Evidence No. 1, Facts without dispute, the whole purport of argument]

2. As to the time of the return of the object borrowed, Article 613(2) of the Civil Act provides, “In the event that no time agreement has been made, the borrower shall return the object to him at the time of the completion of use and profit-making in accordance with the nature of the contract or object: Provided, That when the period sufficient to use and profit-making has elapsed, the lender may terminate

According to Article 613(2) of the Civil Act, if the duration of a loan for use is not determined, the borrower shall return the object at the time when use or profit-making under the nature of the contract or the object is completed, but even if use or profit-making has not been completed in reality, the lender may terminate the contract at any time and claim the return of the object borrowed when sufficient period for use or profit-making has elapsed. As such, whether sufficient period for use or profit-making under Article 613(2) of the Civil Act has elapsed shall be determined in full view of the circumstances at the time of the loan for use, the period

참조조문

-민법 제613조 제2항

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