1. 피고는 원고에게 별지 목록 기재 건물의 지층 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각...

1. Basic facts

A. On December 19, 2016, the Plaintiff completed the registration of ownership transfer on October 7, 2016 with respect to the building indicated in the separate sheet (hereinafter “instant building”) owned by the deceased C (hereinafter “the deceased”).

나. 피고는 2009.경부터 이 사건 건물의 지층 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차로 연결한 선내 부분 26㎡(이하 ‘이 사건 점유부분’이라 한다)에서 거주하였고, 2011. 10. 18.경 전입신고를 하였으며, 망인이 사망한 이후에도 이 사건 점유부분에 계속 거주하면서 이를 사용수익하고 있다.

C. The plaintiff is the deceased's children, and the defendant is the deceased's mother as the mother of the deceased.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant did not have the right to possess and use the occupied part of this case, and even if the deceased consented to the use of the occupied part of this case.

Even if this is a loan for free, and as the plaintiff terminated by notifying the termination of the above loan for use, it is obligated to deliver the part of possession of this case to the plaintiff.

B. Determination as to the cause of claim 1 does not conflict between the parties since April 2009, that the Defendant started to reside without compensation in the occupied portion of this case with the deceased’s permission after the Plaintiff’s mother D’s death on or after April 2009. Accordingly, it can be deemed that a loan agreement was concluded without the duration agreement between the deceased and the Defendant, with the content that the Defendant would gratuitously use the occupied portion of this case.

According to Article 613(2) of the Civil Act, if the duration of a loan for use is not determined, the borrower shall return the object at the time when the use or profit-making of the object is completed according to the nature of the contract or the object, but the use or profit-making