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1. The judgment of the first instance between the Plaintiff and the Defendant is modified as follows.
The defendant shall enter the attached list in the plaintiff.
Reasons
1. Basic facts
A. The plaintiff married with E and gave birth to the defendant who is a child B and his/her father.
나. 원고는 별지 목록 기재 건물(이하 ‘이 사건 건물’이라 한다)의 소유자이고, 피고는 2001. 12. 1.경부터 현재까지 이 사건 건물 중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㄱ을 차례로 연결한 선내 ㈎부분 66㎡(이하 ‘이 사건 점포’라 한다)를 점유사용하면서 이 사건 점포에서 H이라는 상호로 미용실을 운영하고 있다.
C. On June 20, 2016, the Plaintiff sent to the Defendant a document verifying the content that “The Plaintiff had the Defendant use the instant store on the condition that the Defendant would not have any property dispute with his family members, including B, etc., and the Defendant and B would terminate the said free loan, as the property dispute occurred between the Defendant and B, the Plaintiff’s delivery of the instant store by August 20, 2016.”
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The gist of the parties’ assertion (i) and the Plaintiff’s use and profit-making of the instant store without compensation to the Defendant is a de facto loan agreement, and as such, the said loan agreement was lawfully terminated upon the service of a document certifying the content that contains the Plaintiff’s indication of intent to terminate the contract.
Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff.
B. At the time of July 31, 2001, the Defendant leased the instant store by setting the lease deposit amount of KRW 30,000,000 from E, which was the owner of the instant store. On September 23, 2003, the Plaintiff, who succeeded to the lease relationship, concluded a lease contract for the instant store by setting the lease deposit amount of KRW 60,00,000 with the Plaintiff and the Plaintiff who succeeded to the lease relationship.
At the time of concluding each of the above lease agreements, E and the plaintiff and the defendant shall divide each of the above lease deposits.