건물명도
1. The Defendant shall deliver to the Plaintiff one story of 77.42 square meters among the buildings listed in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
According to the overall purport of Gap evidence Nos. 1 through 4 (including provisional attachment numbers), the plaintiff allowed the defendant to reside free of charge in the 77.42 square meters of the 1st floor among the buildings listed in the attached list (hereinafter "the part of the building of this case"), and the defendant resided in the part of the building of this case and has managed the building listed in the attached list (hereinafter "the building of this case"). The plaintiff was under the management of the building of this case (hereinafter "the building of this case") on December 19, 2016 by forging a lease contract under which the landlord and the defendant were the lessee, and the plaintiff filed a complaint against the defendant on or around October 2016, the provisional attachment execution was revoked. Accordingly, the plaintiff requested the defendant to deliver the part of the building of this case to the defendant on which the plaintiff refused the provisional attachment execution. The complaint of this case contains an expression that the plaintiff should cancel a free loan for use for the part of the building of this case, which can be recognized on December 19, 2016.
According to the above facts, the free loan for the use of the building part of the case by the plaintiff and the defendant is judged to have been legally terminated by the delivery of the copy of the complaint of this case in accordance with Article 613 (2) 2 of the Civil Code.
The defendant is obligated to deliver the building portion of this case to the plaintiff.
As to this, the defendant asserts that the plaintiff's management of the building of this case and proposed to kill the building of this case to live in the building of this case after October 2013 and live in the building of this case, and look like the husband, and even though he managed the building of this case, it is not allowed to claim for delivery of the building of this case without any countermeasures.
However, only the defendant's assertion that the plaintiff's claim of this case constitutes abuse of rights.
The defendant's argument is without merit.
Thus, the plaintiff's claim of this case is justified and accepted.