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1. The judgment of the court of first instance is modified as follows.
The defendant shall be the plaintiff and the first floor of the real estate stated in the attached Table 1 list.
Reasons
1. Facts of recognition;
A. On October 31, 2014, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”). Around December 2014, the Plaintiff allowed the Defendant, who had a relationship of relationship with the Plaintiff, to gratuitously use the part (A) of the instant real estate 1, 2, 3, 4, and 1 in the order of the indication of the separate sheet No. 2 among the first floor of the instant real estate (hereinafter “instant commercial building”).
(hereinafter “instant loan agreement”). B.
From December 2014, the Defendant operated the “C” in the instant commercial building from around December 2014, and has been occupying and using the said commercial building until now.
C. Around August 2016, the relationship between the Plaintiff and the Defendant aggravated. Accordingly, the Plaintiff expressed to the Defendant that the instant loan agreement was terminated, and the duplicate of the instant complaint containing the content was served on the Defendant on April 4, 2017.
From March 1, 2017 to September 30, 2018, monthly rent for the commercial building of this case, which has no security deposit, is KRW 1,110,00.
[Ground of recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 3, each entry and image of Gap evidence 3, the result of a request for measurement and appraisal by the court of first instance for the former branch office of the Korea Land Information Corporation, the result of a request for appraisal by the court of first instance for the appraisal office of the court of first instance, the purport of whole pleadings
2. Determination
A. According to the facts of the determination as to the request for delivery of the commercial building of this case 1, the loan contract of this case is a loan for use without fixing the term of existence pursuant to Article 613(2) of the Civil Act. Meanwhile, in the loan for use with no term of existence determined pursuant to Article 613(2) of the Civil Act, the borrower shall return the object at the time when use or profit-making is completed due to the nature of the contract or object, but even if the use or profit-making is not completed in reality, the lender may terminate the contract at any time and claim the return of the object