건물명도(인도)
1. The defendant (Counterclaim plaintiff) indicates 1, 2, and 2 of the attached Form No. 1 among the second floor of the real estate stated in the attached list to the plaintiff (Counterclaim defendant).
1. Basic facts
A. The plaintiff is a child of C, and the defendant is a child of C.
B. The Plaintiff is the owner of the building D’s ground in Daegu-gu, Daegu-gu, and around 201, entered into a contract with the Defendant for free use of and benefit from the part (A) size 120.12 square meters in the attached Form No. 1, 2, 3, 4, and 1 among the two floors of the above real estate as part of the photographic pipe’s business among the two floors of the above real estate (hereinafter “instant real estate”), and delivered the instant real estate to the Defendant.
C. From around that time, the Defendant discontinued his business with the name “E” in the instant real estate.
[Reasons for Recognition] Unsatisfy Facts, each entry of Gap evidence 1 to 6 (including additional numbers), Eul's testimony, and the purport of whole pleadings
2. Determination on the main claim
A. Article 613(2) of the Civil Act provides that “If no time has been agreed, the borrower shall return the real estate in question at the time when the use and profit-making has been completed due to its nature.” Thus, around 2011, the Plaintiff entered into a contract with the Defendant for free use and profit-making of the real estate in this case for a photographic book business and delivered the said real estate to the Defendant. The Defendant’s closure of business after running the photographic book with the name “E” in the instant real estate from around that time, as seen earlier. Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstances.
B. As to the Defendant’s assertion, the Defendant entered into a contract with C around 201, stipulating that the Defendant shall rent the instant real estate from the Plaintiff as KRW 50,000,00,00 among the parties representing the Plaintiff, and the Defendant shall substitute KRW 50,000,00, which the Defendant shall be returned from C as the above lease deposit, thereby responding to the Plaintiff’s claim before the refund of the lease deposit from the Plaintiff.