1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

1. Basic facts

A. The real estate indicated in the separate sheet (hereinafter “instant real estate”) was owned by C. However, C died on October 23, 201, and C inherited the instant real estate solely following the agreement on the division of inherited property.

B. The defendant occupies the real estate of this case.

[Reasons for Recognition: Facts without dispute, entry of Gap evidence 1 to Gap evidence 3, purport of the whole pleadings]

2. Assertion and determination

A. 1) The Plaintiff’s claim is determined as to the Plaintiff’s claim. The Defendant liveded with C in the instant real estate, and, after the Plaintiff’s death, the Plaintiff provided that “I would live in the instant real estate,” thereby having the Plaintiff use it free of charge (hereinafter “instant loan agreement”).

(2) According to Article 613(2) of the Civil Act, if the term of existence is not determined in the loan for use, the borrower shall return the object at the time of termination of the contract or the use and profit-making according to the nature of the object. However, even in cases where the use and profit-making is not completed in reality, the lender may terminate the contract at any time and claim the return of the object of the loan. Whether the sufficient period for use and profit-making under Article 613(2) of the Civil Act has expired or not shall be determined by whether it is reasonable to recognize the right to terminate the contract to the lender from the perspective of fairness, comprehensively taking into account the circumstances at the time of the loan for use contract, the period of use and utilization of the borrower, and the circumstances that the lender needs to return.

(2) The Defendant’s use of the instant real estate without any rent agreement is not clearly disputing the fact that the Defendant used the instant real estate without any rent agreement (Supreme Court Decision 2001Da23669 Decided July 24, 2001). Therefore, it is recognized that the Defendant used the instant real estate under a loan agreement for use.