건물인도
1. The defendant shall deliver the building indicated in the attached list to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
1. Determination on the cause of the claim
A. The facts of recognition (1) The Plaintiff is the owner of the building listed in the attached list (hereinafter “instant building”), and the Defendant is the denial of the Plaintiff’s wife C before the Plaintiff’s wife.
(2) From around 192, the Plaintiff had the Defendant reside in the third floor of the instant building without compensation, and had the Defendant directly operate the building 1 and 2, or leased part of the building to another person.
(3) The Plaintiff expressed in the instant complaint the Defendant’s intent to terminate the use and profit-making agreement on the instant building.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 14, Eul's testimony, Eul's testimony, the purport of whole pleadings
B. According to the above facts of determination, the agreement between the Plaintiff and the Defendant for use of and benefit from the building of this case entered into a loan for use without an agreement between the time of return, and the said loan for use was lawfully terminated on July 10, 2014, which was delivered by the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the contract, and thus, the Defendant is obligated to deliver the building of this case
2. Judgment on the defendant's assertion
A. The Defendant’s assertion that the instant building was defective and the Defendant spent 63,134,50 won for the removal of the floor, reconstruction, and waterproof construction from 1994 to 2010. As such, the instant building cannot be transferred before being paid the above expenses.
(b) At the loan for use, the lender is not liable for any defect or deficiency in the object of the loan for use, unless he knows such defect or deficiency and fails to notify the borrower thereof (Articles 612 and 559(1) of the Civil Act), and the borrower bears the ordinary expenses of the object of the loan for use, and the borrower is entitled to demand reimbursement of the amount of expenditure or increase in the amount of expenditure in accordance with his choice, only when the increase in the value of the object of the loan is existing.
Article 611 of the Civil Code;