건물명도
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...
On March 8, 2011, the Plaintiff delivered to the Defendant the real estate listed in the separate sheet (hereinafter “instant apartment”) and had the Defendant reside without compensation. However, on May 8, 2015, the Plaintiff sent to the Defendant a letter of content-certified mail, stating that “Until June 30, 2015, it is scheduled to sell the instant apartment,” and the fact that the said mail was delivered to the Defendant around that time, may be recognized by taking into account the entire purport of the pleadings as set forth in the evidence No. 3, without any dispute between the parties, or by taking account of the entire purport of the pleadings.
According to the above facts, the plaintiff and the defendant entered into a loan agreement for use with the content that the defendant uses or benefits from the apartment of this case without the agreement of the term of existence, and as long as four years have passed since the contract date, the period sufficient for the use or benefit from the apartment of this case under the above loan for use has passed. Thus, it is determined that the above loan for use was legally terminated upon the plaintiff's declaration of intention to terminate the contract
Therefore, the defendant is obligated to deliver the apartment of this case to the plaintiff.
The defendant asserts to the purport that "The defendant's punishment was requested by the deceased C (the death in 2012) who operated the plaintiff company to assist the defendant in the operation (the operation, etc. of the restaurant in a golf course) of the plaintiff company without compensation, and the defendant living in the apartment of this case. The defendant brought a lawsuit against D and E (the joint representative director of the plaintiff company as C's heir, and the plaintiff brought the lawsuit of this case for the purpose of coercing the defendant, so that the period sufficient for the use and profit-making of the apartment of this case has not elapsed."
According to Article 613(2) of the Civil Code, if the duration of a loan for use is not determined, the borrower is based on the nature of the contract or the object.