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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
Reasons
1. The grounds for appeal regarding the Plaintiff’s primary claim seeking the delivery of the building of this case are not significantly different from the allegations in the first instance court. Even if the evidence submitted in the first instance court is re-examined, the fact-finding and determination in the first instance court is deemed legitimate.
Therefore, this court's reasoning is as follows: (a) added the judgment as to the conjunctive claim added by the plaintiff in this court; and (b) rejected each description of Gap evidence Nos. 10-22 (including the provisional number) which is insufficient to recognize the plaintiff's assertion as the additional evidence submitted by this court; and (c) therefore, it is identical to the part of the judgment of the court of first instance. Thus, this court shall accept it as it is in accordance with
2. Judgment on the conjunctive claim
A. The gist of the Plaintiff’s assertion, even if the instant building is not included in the subject matter of the instant sales contract, and Paragraph (1) of the Special Clause of the instant sales contract entered into a loan agreement for use of the instant land, which is the site of the instant building (hereinafter “the instant loan agreement”), the Defendant already had a sufficient period to use and benefit from the instant land, and the Plaintiff terminated the instant loan agreement by serving a written application for change of claim and cause of claim on July 10, 2017. Thus, the Defendant is obligated to remove the instant building and return the instant land to the Plaintiff.
B. According to Article 613(2) of the Civil Act, if the duration of the loan for use is not specified, the borrower shall return the object at the time when the loan for use ends, but even if the loan for use is not completed in reality, the lender may terminate the contract at any time and claim the return of the borrowed object, and the appropriate period of use is sufficient.