건물명도 등
1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 70,710.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 3, 200, the Plaintiff completed the registration of ownership transfer on the ground of sale on October 200 with respect to each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “instant land”). The real estate listed in the separate sheet Nos. 3, “instant house”, and the instant land and the instant house (hereinafter “instant land and the instant house”) stated in the separate sheet No. 1 and 2.
B. Since November 1999, the Defendant has resided in the instant housing located on the instant land from November 1, 199 to the present date.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 4 (including a provisional number; hereinafter the same shall apply), Eul witness's partial testimony, the purport of the whole pleadings
2. Determination on the main claim
A. 1) A party’s claim concerning the claim for delivery of real estate was asserted to the purport that the Plaintiff is obligated to deliver the instant land and housing since the contract for the loan was terminated by serving a duplicate of the complaint of this case, and that the Defendant is deemed to have held title trust with the Plaintiff, and thus, cannot respond to the Plaintiff’s claim. 2) We examine whether the judgment on the issue of the issue is whether the Defendant uses the instant land and housing for the purpose of the loan for use, and for profit therefrom as its own property in title trust or not.
The registration of the land and the housing of this case has been completed in the name of the plaintiff, and the fact that the defendant residing in the housing of this case and occupied and used the land and the housing of this case is as stated in the basic facts, and the land and the housing of this case are presumed to be owned by the plaintiff unless there are special circumstances
In full view of the contents of Gap evidence Nos. 1, 8, Eul evidence Nos. 2 through 4, and 8, the whole purport of the pleadings is as follows. D.