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(영문) 부산지방법원 2015.09.16 2014가단101572
건물인도 등
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant building”) is a building the registration of ownership preservation of which was completed on March 14, 1968. The Plaintiff purchased the instant building from C on May 9, 1973, and completed the registration of ownership transfer based on the said sale under the Busan District Court No. 18685, May 9, 1973 as to the instant building.

B. After purchasing the instant building, the Plaintiff consented the Plaintiff’s parents to reside in the instant building without compensation. On November 20, 1984, the Defendant moved into the instant building and lived with the Plaintiff’s Siberter D and resided in the instant building from around that time, and even after the deceased on July 15, 192, the Plaintiff resided in the instant building until now.

C. On October 29, 2014, the Plaintiff sent to the Defendant a document stating the declaration of intent to request the delivery of the instant building by content-certified mail, and the said content-certified mail was served to the Defendant around that time.

【Ground of recognition】 In the absence of dispute, Gap evidence 1-1, 2, Gap evidence 2, Gap evidence 3, Gap evidence 6, Eul evidence 1-1-1, the result of this court’s on-site inspection, the result of this court’s request for surveying and appraisal to the Busan Vice-Governor of the Korea Land and Information Corporation, Busan, the purport of the whole pleadings

2. Determination

A. According to Article 613(2) of the Civil Act, if the duration of a loan for use is not determined in relation to the cause of claim, the borrower shall return the object at the time when the contract or the object of the loan for use expires, but the lender may terminate the contract at any time and claim the return of the object of the loan when the sufficient period for use and profit has elapsed, even if the use and profit has not been completed in reality, and whether the sufficient period for use and profit has expired or not requires the return of the lender.

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