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(영문) 청주지방법원 2018.03.23 2017나14155
건물명도 등
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, except for the addition of the following "2. Additional Judgment" to the assertion that the Defendants add to this court, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Defendants asserted to the effect that the Plaintiffs cannot terminate the loan agreement, since they had the Deceased used the instant building until the Defendants completed their birth.

B. 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 the use or profit-making under the nature of the contract or the object is completed. However, even if the 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 the sufficient period for use or profit-making has elapsed. Whether the sufficient period for use or profit-making has expired or not shall be determined on the basis of whether it is reasonable to recognize the right to terminate the contract to the lender from an equitable standpoint by comprehensively taking into account the

(2) In light of the above legal principles, the Defendants’ use of the instant building exceeds 10 years, i.e., the period during which the Defendants used the instant building free of charge, i.e., the relationship between the lender and the borrower due to the death of the deceased, i.e., the fact that the Defendants had completed the registration of ownership transfer on the instant land, etc. after the death of the deceased, and that the registration of ownership transfer was cancelled upon the Plaintiffs’ claim for cancellation of registration.

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