토지인도등
1. The defendant shall in the order of the plaintiff each point of the CJ 912m2 and the indication 1, 2, 3, 4, and 1 of the annexed drawings on the ground attached thereto.
1. Facts of recognition;
A. On February 2001, the Plaintiff purchased a house listed in the CJ 912m2 (hereinafter “instant site”) and paragraph (1) of the order of its ground (hereinafter “instant unregistered house”) and completed the registration of ownership transfer on the instant site on February 20, 201.
B. After that, upon the commencement of the procedure for compulsory auction as to the instant site as D by the court, the Plaintiff purchased the instant site at the above auction procedure on December 24, 2013 and paid the price, thereby acquiring ownership again.
C. Meanwhile, from February 20, 2001, the Plaintiff allowed the Defendant to use the instant land and unregistered houses free of charge, and the Defendant currently occupies the instant land and unregistered houses.
The Plaintiff, around January 27, 2015, sold the instant site, etc. to Nonparty E, agreed to obtain possession of the instant unregistered house from the Defendant and transfer it to E. On February 2, 2015, E completed the registration of ownership transfer on the instant site.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including each number if there are additional numbers), Eul evidence No. 1, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the relationship between the Plaintiff and the Defendant established a loan for use without a fixed period of time with respect to the instant land and unregistered housing, and the fact that a copy of the complaint of this case stating the intention to terminate the loan for use of this case was delivered to the Defendant is evident in the record.
B. However, in light of the following: (a) the Plaintiff sold the instant site to another person; (b) the buyer bears the obligation to transfer the possession of the unregistered unregistered house; and (c) the Defendant’s gratuitous use of the instant site and unregistered house for a long period of about 15 years, it is reasonable to recognize the Plaintiff’s right to terminate the right to terminate the instant loan for use from the perspective of fairness
Supreme Court Decision 201No. 24 delivered on July 24, 2001