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1. The defendant shall be the plaintiff.
(a) order the buildings listed in the separate sheet;
B. From July 10, 2013:
buildings described in paragraph (1);
Reasons
1. Facts of recognition;
A. A. Around August 2010, the Plaintiff provided Defendant (hereinafter “C”) with funds necessary for the production of a yacht, and made the Defendant free of charge use the buildings listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) during the production period of the yacht, and delivered it.
B. On December 16, 2010, the Plaintiff established a mutual company called “D” and took office as the representative director, and completed business registration on January 1, 201.
C. The Plaintiff and the Defendant did not build a yacht by June 2013. On July 2, 2013, the Plaintiff sent a content-certified mail requesting the Defendant to leave the instant building by July 10, 2013. The content-certified mail reached the Defendant around that time.
The Defendant is residing in the instant building until the day of closing the argument in the instant case, and the rent from July 2013 to the day of closing the argument in the instant case is KRW 935,000 per month.
【Ground of recognition】 Evidence No. 1-3, Evidence No. 2, Evidence No. 17, each entry of Evidence No. 1-2, and Evidence No. 17, the result of the commission to a certified public appraiser E by this court, the purport of the whole pleadings
2. Determination
A. According to the facts of determination as to the cause of the claim under paragraph (1), around August 2010, the Plaintiff entered into a loan agreement with the Defendant for free use of the instant building during the period of manufacturing a yacht in accordance with a legal relationship between the Plaintiff. Not only the period of use under the said loan agreement has expired, but also the said loan agreement was lawfully terminated on July 2, 2013, after the expiration of the period sufficient for the use and profit-making.
Therefore, barring any special circumstance, the Defendant ordered the Plaintiff to order the instant building, and the fee calculated by the ratio of KRW 935,00 per month from July 10, 2013 to the date of the surrender of the said building, for which the obligation to order the Plaintiff upon the termination of the loan agreement for use arose.