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

2...

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 8, 2013, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”).

B. The Defendant resided in the instant apartment from April 2013 with the permission of the Plaintiff, who is his father and wife.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of recognition as to the claim of the principal lawsuit, it is reasonable to view that, around April 2013, the original defendant entered into a loan agreement for use with no time agreement on the apartment of this case.

However, pursuant to Article 613(2) of the Civil Act, if the duration of a loan for use is not determined, the borrower shall return the object even if the contract or the use and profit-making of the object is completed according to the nature of the contract, but even if the use and profit-making has not been 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 use and profit-making has elapsed. Thus, whether sufficient period for use and profit-making under Article 613(2) of the Civil Act has expired shall 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

(Supreme Court Decision 94Da56371 Decided March 14, 1995). In the instant case, in light of the following circumstances, which are acknowledged by comprehensively considering the overall purport of pleadings as to each of the statements in the Health Team, Nos. 3, 6, 12, and 13, it is reasonable to deem that the period sufficient for use and profit has elapsed. The fact that the Plaintiff expressed to the Defendant the intent to terminate the above loan agreement by serving the written application for change of the purport of the claim and the cause of the claim on May 23, 2018 is apparent, and thus, the above fact is apparent.