1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

1. Basic facts

A. The Plaintiff is the owner of the land indicated in the attached Table (hereinafter collectively referred to as “instant land”).

(2) The Defendant borrowed land from around 2010 to the Plaintiff’s entertainment relatives, and set up fruit farming houses.

B. The Defendant obtained the Plaintiff’s permission to use the instant land for free from March 2013, and became a farmer of the instant land without compensation.

The Defendant did not separately set the period during which the Defendant could use and benefit therefrom.

[Judgment of the court below] The defendant asserted that the plaintiff made a statement that he would lend it free of charge, but there is no evidence to prove that the plaintiff would lend it free of charge]

C. On December 31, 2018, the Plaintiff indicated the Plaintiff’s intention to terminate the loan of use to the Defendant. As such, the Plaintiff sent a content-certified mail to deliver the instant land within two months.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. A person who gratuitously lends an article without setting a period of basic legal doctrine may terminate the contract at any time, when sufficient period for use and profit-making expires.

(Article 613(2) of the Civil Act. Determination shall be made by comprehensively examining the circumstances at the time of the conclusion of the contract, the period during which the contract was lent, the need for return, etc.

B. (See, e.g., Supreme Court Decision 2001Da23669, Jul. 24, 2001).

In fact, the facts below can be acknowledged by the parties or by the purport of Gap evidence 4-1 to 5, Eul evidence 6-1, 2, Eul evidence 7-1, 7-2, and the whole pleadings.

① The Defendant used and made profits from the instant land for a period of up to six years.

② The Defendant, starting in the instant land, did not disclose the specific amount in addition to KRW 1,540,00,000, which was incurred in purchasing frys as capital expenses, to the capital expenses of the Defendant.

Facilities that prevent pine trees from meeting expenses shall be paid KRW 5,104,00 in his money and the remainder shall be subsidized.