1. The defendant

(a) deliver the buildings listed in the separate sheet;

B. From April 18, 2019, the above-mentioned A

subsection (b).

1. Basic facts

A. The Plaintiff is a child of the deceased C (hereinafter “the deceased”).

B. On October 18, 2016, the Plaintiff completed the registration of ownership transfer regarding the real estate listed in the separate sheet (hereinafter “instant building”). The Deceased and the Defendant resided in the instant building from that time.

C. On March 8, 2019, the Deceased was hospitalized in the Seoul Metropolitan Alternative Hospital, etc. on and around April 2, 2019, and was discharged from the hospital at the above hospital on and around April 2, 2019, and the Deceased was discharged from the hospital, making a move-in report to the domicile of D, which is the Plaintiff’s son, and died in the said domicile while residing in the said domicile.

The plaintiff notified the defendant that he should leave the building of this case on or around March 27, 2019, but the defendant refused to leave the building of this case and is residing in the building of this case until the date of closing argument.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7 through 9, 12, Eul evidence 4-3, the purport of the whole pleadings

2. According to the facts established prior to the determination of the cause of the claim, the Plaintiff’s permission to use the instant building free of charge to the Defendant and the Deceased on October 18, 2016 shall be deemed to have established a loan for use or a similar bearer contract. According to Article 613(2) of the Civil Act, when the period sufficient to use and profit-making expires, the lender may terminate the loan for use at any time when the period sufficient to use and profit-making expires. The fact that the Plaintiff requested the Defendant to withdraw from the instant building on March 27, 2019 is as seen earlier, and thus, the loan for use between them shall be deemed to have been terminated at that time.

Therefore, barring special circumstances, the defendant is obligated to deliver the above building to the plaintiff, and return unjust enrichment from the possession and use of the above building from the time when the above loan for use or a similar contract is terminated.

Furthermore, according to the evidence No. 14 as to the amount of unjust enrichment to be returned by the Defendant, the above contract is terminated after the date of termination.