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1. The defendant shall deliver to the plaintiff the building indicated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Determination as to the cause of claim
A. According to the relevant legal principles and Article 613(2) of the Civil Act, if the duration of a loan for use is not specified, the borrower shall return the object at the time when the contract or the use and profit-making under the nature of the object is completed, but even if 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 borrowed when the sufficient period for the use and profit-making expires. Whether the sufficient period for the use and profit-making under Article 613(2) of the Civil Act has expired or not should be determined on the basis of whether it is reasonable to recognize the right to terminate the contract to the lender from an equitable standpoint, comprehensively taking into account
B. (See Supreme Court Decision 2001Da23669 delivered on July 24, 2001).
Judgment
In addition to the purport of the entire pleadings in the statement in Gap evidence Nos. 1 through 4, the plaintiff lent the real estate listed in the separate sheet (hereinafter "the instant loan agreement") to the defendant, who was saw as having been on February 3, 2009 (hereinafter "the instant store"), and the defendant has occupied and used the instant store from around that time to that time, and the plaintiff terminated the loan agreement for use of the instant case on October 5, 2015 and sent the instant store by content-certified mail to the defendant by not later than October 15, 2015, and the above notification can be acknowledged to have been served on the defendant.
In addition to the above facts and the whole purport of the arguments, the following circumstances revealed by the defendant: ① the defendant has used the store of this case for about six years under the plaintiff's permission; ② during the lending period, the deceased's husband who is the plaintiff's husband who is the plaintiff's son has died, and the relationship between the lender and the borrower has changed. ③