퇴거청구의 소
1. The request is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff himself/herself and the defendant are pending in a divorce lawsuit from November 2016 to the present date. The plaintiff asserts to the purport that, around 2012, the plaintiff purchased property only from the plaintiff's funds, and that, as long as the defendant brought a divorce lawsuit against the plaintiff, the defendant should comply with the plaintiff's request for eviction since he/she terminated the loan of use.
However, married couple have the duty to live together and support each other during the marriage period (if the defendant contributed to the maintenance of the apartment of this case, the apartment of this case is subject to division of property, and it is difficult to view that the apartment of this case is owned by the plaintiff.
Therefore, since the defendant has the right to possess the apartment of this case, the plaintiff's claim seeking a different premise cannot be accepted.