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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a non-profit private organization established around 1969 for the purpose of promoting D’s distribution.
Plaintiff
According to the articles of incorporation, the Plaintiff’s affiliated organization establishes a regional council within each region as necessary.
Plaintiff
The regional councils established in accordance with the articles of association have appointed officers by establishing separate articles of association, and the names of each region have been designated with their own activities in that region after its establishment. The plaintiff served as the "central Council" and provided financial support to the regional councils.
Around August 1982, the Defendant used the name “E Council” at the time of its establishment as an organization established as one of the regional councils under the Plaintiff’s control. Around 1997, the name was changed to “F Council” and the name was changed to “B Headquarters” on April 2016.
B. The Defendant occupied and used the instant building from March 15, 1996 to occupy and use the instant building owned by G Co., Ltd. as the office.
[Reasons for Recognition] Unsatisfy, Gap evidence 7, Gap evidence 18-1, Eul evidence 25, the purport of the whole pleadings
2. The Plaintiff’s assertion argues that, after renting the instant building from G Co., Ltd., the Plaintiff entered into a loan agreement for use with the Defendant to use the instant building free of charge without a fixed period of time, and the Defendant occupied and used the instant building in accordance with the loan agreement for use. The Plaintiff, based on the Defendant’s tort or termination right, notified the cancellation or termination of the loan agreement by serving the complaint of this case on the ground that the loan agreement was terminated, the Defendant should deliver the instant building to the Plaintiff.
According to the evidence A, G Co., Ltd., a lessor of the instant building, entered into a lease agreement on the instant building prepared around March 1996 as a lessee.