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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination on the cause of the claim
(a) The following facts are found to be recognized, either in dispute between the Parties or in Gap evidence 1 to 6 (including paper numbers) by integrating the purpose of the entire pleadings:
1) The Plaintiff is the Plaintiff’s land of 1,200 square meters (hereinafter “instant land”).
2) Two plastic greenhouses listed in the purport of the claim on the ground and on the ground thereof (hereinafter referred to as “instant plastic greenhouse”).
(2) On May 2010, the Plaintiff entrusted the Defendant with the management of the instant land and vinyl, and allowed the Defendant to use it free of charge. On May 11, 201, the Defendant used the instant land and vinyl to the Plaintiff from May 11, 2010 to May 11, 2012, but written a letter of intent to remove the instant vinyl at any time when the Plaintiff needs the instant land.
3 The plaintiff, as a service of the duplicate of the complaint of this case, sought the delivery of the vinyl house of this case to the defendant, and the defendant occupies and uses the vinyl house of this case until now.
B. According to the facts of the above recognition, the Plaintiff’s use of the instant vinyl to the Defendant is an agreement on the loan for use under the Civil Act. Since the said loan for use was terminated as a delivery of the copy of the instant complaint containing the expiration of the period of validity or the expression of intent of termination on May 11, 2012, the Defendant is obliged to deliver the instant vinyl to the Plaintiff as prescribed by the said letter.
2. Judgment on the defendant's assertion
A. The gist of the Defendant’s assertion is that the Plaintiff promised the Defendant to give land 300 square meters and KRW 200 million to the Defendant, but failed to comply with the Plaintiff’s request for the extradition of the instant vinyl house.
B. We examine whether the Plaintiff agreed to give 300 square meters and 200 million won underground as the Plaintiff’s obligation to implement the request for the delivery of the instant vinyl to the Defendant.