1. The Defendant shall deliver to the Plaintiff the second floor of 99.60 square meters among the real estate listed in the attached list.

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

1. Determination as to the cause of claim

A. A. Around 2001, the Plaintiff allowed the Defendant to use the Seoul site owned by the Plaintiff without compensation. The Defendant constructed a ground building on the above land; the Plaintiff allowed the Defendant to use the Seoul ground building, including the real estate listed in the attached list (hereinafter “instant building”) owned by the Plaintiff at around 2005, without compensation; the Defendant had no dispute between the parties that operated several businesses, including restaurant businesses.

B. According to the above facts, it is reasonable to view that the Plaintiff and the Defendant concluded a loan agreement for use with no fixing the duration of the instant building.

Considering that 10 years have elapsed since the Plaintiff permitted the use of the instant building, the Defendant’s considerable period of time has also elapsed since the Plaintiff’s use of the instant building.

Meanwhile, it is evident that the instant complaint, which included the Plaintiff’s expression of intent to terminate a loan for use, reaches the Defendant on September 30, 2014. As such, the said loan for use was lawfully terminated on September 30, 2014 pursuant to Article 613(2) of the Civil Act.

Therefore, barring special circumstances, the defendant is obligated to deliver the building of this case to the plaintiff as restitution.

2. Judgment on the defendant's assertion

A. The Defendant asserted that the Plaintiff was permitted to use the instant real estate in return for assisting the Plaintiff in managing the Plaintiff’s property and personal affairs.

This constitutes a lease contract with a rent for the labor provided by the defendant, or a non-exclusive contract similar thereto, and the defendant has the right to possess the real estate of this case, so the plaintiff cannot respond to the plaintiff's request.

B. Determination 1 under the Civil Act, a lease agreement is a contract with the lessor to allow the lessee to use and benefit from the leased object and the lessee to pay rent to the lessor.