1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

1. Facts of recognition;

A. Each real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”) was owned by the original defendant, but the registration of ownership transfer was completed on July 7, 2009 by the Plaintiff for sale through C, D, and E.

B. On July 7, 2009, the Plaintiff entered into a loan agreement with the Defendant for use on the instant real estate (hereinafter “instant loan agreement”), and accordingly, the Defendant occupied and used the instant real estate until now.

C. On September 5, 2017, around September 11, 2017, and around September 18, 2017, the Plaintiff notified the Defendant of his intent to terminate the instant loan agreement, which was terminated as of October 30, 2017, on three occasions, via content-certified mail.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. The Plaintiff asserts that the instant loan agreement was terminated on October 30, 2017 or terminated by the Plaintiff’s declaration of termination.

However, since there is no evidence to prove that the time of return of the borrowed object was set on October 30, 2017 in the instant loan agreement, the said agreement constitutes a loan for use without an agreement at the time of return.

Meanwhile, pursuant to Article 613(2) of the Civil Act, in cases of a loan for use without an agreement at the time of return, the borrower shall return the object at the time when the use or profit-making of the object is completed by the nature of the contract or the object, but even if the use or profit-making is not completed in reality, the lender may rescind the contract at any time and demand the return of the object borrowed

In this context, whether sufficient period of use and profit has elapsed shall be determined from the perspective of fairness, comprehensively taking into account the circumstances at the time of the loan agreement, the period of use and utilization of the borrower, and the circumstances that the lender needs to return.