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1. Of the judgment of the first instance, the part against the Plaintiff ordering delivery and payment is revoked.
2. The defendants are the defendants.
Reasons
1. Basic facts and
2. The part of the 3rd 16th 16th 16th 1 of the judgment of the court of first instance alleged by the parties was appealed, but the appeal was dismissed on June 20, 2019, and the above judgment became final and conclusive as it was dismissed on October 18, 2019, and the 5th 1st 5th 1st “after the delivery of a copy of the complaint of this case” is the same as the corresponding part of the judgment of the court of first instance, except that “after the date of filing the lawsuit of this case or the delivery of a copy of the complaint of this case,” and thus, it is cited as it is in accordance with the main sentence of Article 420
3. Determination of the parties' arguments
A. Since the part of the judgment of the court of first instance as to the source of possessory right of the Defendants is identical to the corresponding part of the judgment of the court of first instance, it shall be quoted in accordance with the main sentence of
B. (1) According to the relevant legal doctrine and Article 613(2) of the Civil Act, if the duration of the loan for use is not specified, the borrower shall return the object at the time when the loan for use ends, according to the nature of the contract or the object. However, even if the loan for use is not completed in reality, the lender may terminate the contract at any time and demand the return of the object borrowed, if the sufficient period for use expires.
Whether sufficient period for use and profit-making under Article 613(2) of the Civil Act has lapsed shall be determined by whether it is reasonable to recognize the right to terminate the contract to the lender from an equitable standpoint, comprehensively taking into account the circumstances at the time of the loan agreement for use, the period of use and utilization of the borrower, and the circumstances in which
(2) Prior to determining whether the Defendants contributed to the instant real estate on condition that it should be returned later, the Defendants shall use and benefit from the instant building. (3) Prior to determining whether the period sufficient for the Defendants to use and benefit from the instant real estate was expired.