The Defendant, as the Plaintiff

(a) deliver the real estate listed in the separate sheet;

(b) 12,960,000 won and 3.0 thereof.

1. Basic facts

A. The Plaintiff is the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”). Since early December 2016, the Plaintiff had D, a birthee, reside free of charge in the instant real estate.

B. On December 24, 2009, the Defendant filed a lawsuit claiming divorce and division of property against D in Seoul Family Court (2019dhap 258, hereinafter “instant divorce lawsuit”) against D and D, who is the spouse under the law that completed the marriage declaration around December 24, 2009, and D and resided in other places from November 2019.

(c)

On November 21, 2019 and November 28, 2019, the Plaintiff sent to the Defendant, “The Plaintiff had the Defendant and D reside free of charge in the instant real estate without a period of time,” or sent a certified mail indicating that “The Plaintiff may terminate the instant real estate at any time with a lease without a period of time, and deliver the instant real estate by January 21, 2020, notified by the Plaintiff.”

(d)

The defendant resided in the real estate of this case until the closing date of pleadings of this case and occupies it.

【Unfounded grounds for recognition】 Facts without dispute, entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion did not specify the period of use when entering into a lending contract for the use of the instant real estate for D’s home life (hereinafter “the lending contract for the use of this case”). The lending contract for the use of this case which did not specify the period may be terminated at any time. Since the Plaintiff terminated the lending contract for the use of this case around November 2019, the Defendant is obligated to deliver the instant real estate to the Plaintiff and return unjust profits from the possession of the instant real estate.

B. The instant divorce lawsuit is pending between the Defendant and D’s assertion.