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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On April 6, 2004, the Plaintiff and the Defendant were women, and the Plaintiff acquired the ownership of the D Apartment No. 406 of the fourth floor No. 103, 406 (hereinafter “the instant real estate”) of the D apartment No. 103, 103, and 2 lots of land, and had the Defendant reside in the instant real estate without compensation upon the Defendant’s request. After that, the Plaintiff, around 2005, was able to separately scam or imitate the Defendant’s place of residence to sell the instant real estate, and the Defendant refused to move out of the said real estate.
Since the plaintiff leased the real estate of this case to the defendant without setting a deadline, the plaintiff's eviction needs around 2005.
Although the above lease contract was terminated at the expiration of six months from office, the Defendant illegally occupied the instant real estate by October 2013, where the real estate was sold.
Therefore, the defendant is required to leave.
Since around January 2007 to September 2013, at least from around 2006, there was no legal title to possess the instant real estate, the Plaintiff is obligated to pay to the Plaintiff the sum of the amount of unjust enrichment of KRW 24,300,000, which is the sum of the rent of KRW 300,000 per month from January 2007 to September 2013, as well as damages for delay.
2. Even according to the Plaintiff’s assertion of determination, since the Plaintiff and the Defendant agreed to pay the rent for the instant apartment, or did not agree on the amount and time of payment, it cannot be deemed that the lease contract was concluded between the Plaintiff and the Defendant.
The lender may terminate the contract at any time when the period sufficient to use and benefit has elapsed in the case of a loan for use without an agreement on the time to return the Plaintiff’s assertion as to the loan for use (see the proviso of Article 613(2) of the Civil Act), but only the items in Articles 613(2)2 and 3 of the Civil Act are written alone.