logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.11.26 2020나55343
건물명도(인도)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for cases where the reasoning of the judgment is written or added as follows, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure

In the third instance of the first instance judgment, following the first instance judgment, "(see Article 613(2) of the Civil Act, even if the plaintiff's assertion is "request for the delivery of a building following the termination of a loan for use," the fact that the deceased C, after his death on May 10, 2010, allowed the plaintiff to reside free of charge on the third floor of the building of this case, is without dispute between the parties, and this constitutes a loan for use, the term of which is not determined. If the term of existence is not determined for a loan for use, the borrower shall return the object even after the termination of the contract or the nature of the object. However, even if the use is not completed in reality, the lender may terminate the contract at any time and claim the return of the borrowed object (see Article 613(2) of the Civil Act), and whether the period sufficient for the use and profit-making has expired shall be determined by whether it is reasonable to recognize the right to terminate the contract to the lender from the standpoint of the whole building of this case from the point of residence 20.

arrow