1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 15, 2018, the Plaintiff and the Defendant had a spouse under their respective laws, and the Defendant was married with the spouse on May 15, 2018.

B. On December 18, 2011, the Plaintiff completed the registration of ownership transfer on December 23, 201 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”) on the grounds of sale and purchase on December 18, 201, and had the Defendant use the instant apartment free of charge and benefit therefrom, without setting a different time for return while the Defendant was in alliance with the Defendant.

C. The Plaintiff and the Defendant retired from the school by reason of the occurrence of the extinguishment of the teaching system in 2015.

The defendant occupies the apartment of this case.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 4, purport of the whole pleadings

2. Determination as to the principal lawsuit

A. The facts that the Plaintiff and the Defendant had the Defendant use and profit from the apartment of this case owned by themselves without separately determining the time of return while the Plaintiff and the Defendant agreed to do so, are as seen earlier. According to such facts acknowledged, the Plaintiff and the Defendant concluded a loan agreement for use with respect to the apartment of this case without setting the time of return.

Since the Plaintiff asserted that the Defendant had expressed his/her intent to terminate the loan agreement for the use of the instant apartment around June 2015, the Plaintiff and the Defendant suspended the legal fiction, comprehensively taking account of the overall purport of the pleadings as indicated in the evidence No. 6, the Plaintiff and the Defendant’s intention to terminate the loan agreement for the use of the instant apartment around November 16, 2015, the Plaintiff was returned from the Defendant around November 16, 2015, and the Plaintiff filed a civil lawsuit against the Defendant to return money to the Defendant’s words, although it is recognized that the Plaintiff expressed his/her intent to terminate the loan agreement for the use of the instant apartment around June 2015.