건물명도
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
The plaintiff and D were in a de facto marital relationship from May 2008 to September 28, 2015, and the defendant are children of D.
On June 29, 2010, the Plaintiff completed the registration of ownership transfer based on sale on June 1, 2010 with respect to the building listed in the separate sheet (hereinafter “instant building”).
At present, the defendant currently occupies and uses the above building in operating the business entity called “C”.
【The ground for recognition” did not have any dispute, written evidence Nos. 1, 3, and 13, and the purport of the whole pleadings by the plaintiff's assertion. In light of the plaintiff's assertion, the plaintiff set and leased the building of this case to the defendant by July 30, 2015 (hereinafter "the lease contract of this case"), and the defendant did not pay a rent for two months from April 25, 2015, and the lease contract of this case was terminated and the lease term expires.
Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the money calculated by the rate of KRW 2 million per month, which is equivalent to the rent from April 26, 2015 to the completion date of delivery of the said building.
Preliminaryly, the Plaintiff concluded a loan agreement with the Defendant to use the instant building free of charge, and terminated the loan agreement.
Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.
The defendant's assertion that the building of this case was to be acquired in the name of the plaintiff, but the loan used as the purchase fund was actually repaid D (the defendant's father, the plaintiff and the de facto marital relation). Thus, it constitutes marital public property formed by the plaintiff and D during the de facto marriage period.
In other words, the defendant does not occupy and use the building of this case based on the lease or loan agreement with the plaintiff, but only D uses the building of this case as a joint owner of the building of this case as C, so the plaintiff's assertion is without merit.
. Determination.