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(영문) 대구지방법원 2015.07.17 2014가단127261
토지 등 인도 청구의 소
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Determination as to the cause of the claim: ① The Plaintiff permitted the free use of trial property by setting the period of use from December 1, 2009 to December 31, 201 with respect to each of the instant real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) to the Defendant; ② the Plaintiff requested the Defendant to return the instant real estate upon the expiration of the period of free use on or before December 7, 201; and even before April 5, 2012 and around June 11, 2012, the Plaintiff requested the return of the instant real estate on the ground of the expiration of the period of free use, or upon full view of each of the statements stated in evidence Nos. 1, 2, 4, 5, and 6 (including the serial number).

As above, as long as the Defendant’s period of free use expires, the Defendant is obliged to deliver the instant real estate to the Plaintiff.

2. The defendant's assertion asserts that the defendant constructed a new building listed in 2.3 and 4. of the attached list and donated it to the plaintiff, and that the real estate of this case was allowed by the plaintiff to be used as a school building and site during the existence of "B".

However, there is no evidence to prove that the defendant obtained the above permission from the plaintiff.

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

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