부동산인도 및 부당이득금 등
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...
1. The Plaintiff’s judgment on the cause of the claim was awarded a successful bid of the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant during the auction procedure for the Optional Auction of Real Estate C with the Jung Government District Court, and completed the registration of ownership transfer on October 21, 2014. The fact that the Defendant occupied the instant real estate does not conflict between the parties, or that the Defendant possessed the instant real estate, can be acknowledged by each of the statements in the evidence Nos. 1, 2, 4, 5, 7 (including the serial number).
According to the above facts of recognition, the defendant is obligated to deliver the real estate of this case to the plaintiff, except in special circumstances.
2. Judgment on the defendant's assertion
A. The Defendant asserts that the Plaintiff and the instant real estate were entitled to possess the instant real estate since they concluded a gratuitous loan agreement that did not specify the term of lease or loan of use.
However, the evidence submitted by the defendant alone is insufficient to admit it, and there is no other evidence to acknowledge it, so the defendant's above assertion is without merit.
(Y) Even if the Plaintiff and the Defendant entered into a loan agreement for free, the period of time sufficient to use and benefit from the Plaintiff’s possession, in light of the Defendant’s period and form, etc., and the Plaintiff’s claim against the Defendant for delivery of the instant real estate is clearly indicated that the Plaintiff did not want to maintain the loan for use, and thus, barring any special circumstance, it can be deemed as an expression of intent to terminate the loan for use. Therefore, the said loan for use was lawfully terminated by the delivery of the copy of the complaint of this case containing such expression of intent. Therefore, the Defendant’s allegation is without merit).
In addition, the defendant's economic situation and the investment in the real estate of this case is based on the material and economic effort, and a joint project plan for the village in which the real estate of this case is located.