건물명도등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. In full view of the facts of recognition as to Gap's evidence Nos. 1, 3, 4, 10, and 15, Eul newly built the housing of this case and completed the registration of ownership transfer on December 1, 1997, Eul allowed the defendant to reside free of charge in the housing of this case, F and C from the time of the residence of this case, and F and C reached the registration of ownership transfer on December 15, 2013, Eul inherited the property of this case as the heir of this case's mother on November 6, 1997, Eul donated the housing of this case to the plaintiff on March 1, 1998, Eul allowed the plaintiff to reside free of charge in the housing of this case, and F and C reached the registration of ownership transfer on the housing of this case's mother on June 14, 2004, and the defendant, the heir of this case's death on June 14, 2017, who completed the registration of ownership transfer transfer under the name of the plaintiff C's heir of this case's.
2. Determination on the cause of the claim
A. According to the above facts, since, without fixing the deadline for the net F and C, E has to reside free of charge in the instant housing, thereby establishing a loan agreement for use (hereinafter “instant loan agreement”) which does not specify the duration of the instant housing between E, network F and C, and the Plaintiff is a specific successor of E, and the Defendant, as a general successor of the network C, succeeded to the status of lender or borrower under each of the loan agreements for use.
B. Furthermore, 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 borrowed object at the time when the use or profit-making is completed according to the nature of the contract or object, and even if the use or profit-making is not completed in reality, it is sufficient period