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1. Defendant C shall deliver to the Plaintiff (Counterclaim Defendant) the real estate listed in the separate sheet.
2. The plaintiff (Counterclaim defendant).
Reasons
1. Determination on the main claim
A. The fact that the Plaintiff completed the registration of ownership transfer on June 13, 201 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”) on June 10, 201, based on sale and purchase as of June 10, 201, Defendant B is the Plaintiff’s mother, and Defendant C is the Plaintiff’s mother, and his resident in the instant apartment after the date of acquisition of the Plaintiff’s above ownership is the Plaintiff’s birth, and there is no dispute between the parties.
B. 1) The gist of the Plaintiff’s assertion as to the cause of the claim is that the apartment of this case is a real estate leased by the Plaintiff, which is a family member, so that the Plaintiff can reside. The Defendants agreed to deliver the apartment of this case to the Plaintiff immediately upon the Plaintiff’s request regarding the term of the above loan. Even if the above loan was a loan for use for which the deadline was not specified, the Plaintiff’s use and profit-making period has fully expired, and thus, the Plaintiff’s contract for the above loan has been terminated. Therefore, the Defendants should deliver the apartment of this case to the Plaintiff. 2) The main purport of the Defendants’ assertion was that the apartment of this case was originally owned by the Plaintiff, who was trusted by the Plaintiff to the Defendant C, on January 4, 2009, the apartment of this case was owned by the Plaintiff, which was originally owned by the Plaintiff under the name of the Plaintiff’s trust to the Defendant C, but was transferred its ownership to the said Defendant as a payment in kind of
Even if “actual owner” is Defendant B, and the Plaintiff is merely a title trustee of the above Defendant and cannot claim delivery against the Defendants.
Even if not, the plaintiff consented the defendants to use the apartment of this case free of charge without fixing the deadline. Since the period sufficient to use and profit from the apartment of this case has not yet passed, there is no obligation to return it.
(c).