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1. The Defendants shall deliver to the Plaintiff the real estate indicated in the annexed real estate indication.
2. The plaintiff's defendants.
Reasons
1. Determination on the extradition claim
A. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 18 as a whole, the following facts are as follows: (a) the Plaintiff, Japan, was married with Defendant B’s wife and Defendant C, and had the Plaintiff use the instant real estate free of charge during the period from November 8, 201 to November 23, 201; (b) determined the lease of the instant real estate from E during the period from November 24, 2011 to November 23, 2013; and (c) thereafter, the Plaintiff requested the Defendants to transfer the instant real estate from November 24, 201 to E during the period from November 24, 2013 to November 24, 2015; and (d) concluded that the Plaintiff transferred the instant real estate to the Defendants free of charge during the period from November 24, 2013 to November 24, 2015.
B. According to Article 613(2) of the Civil Code, if the duration of the loan for use is not determined, the borrower shall return the object at the time when the contract or the object is terminated, but even if the use and profit has not been completed in reality, the lender may terminate the contract at any time and claim the return of the object borrowed when the sufficient period for the use and profit has elapsed. Whether the sufficient period for the use and profit under Article 613(2) of the Civil Code has expired or not should be determined based on whether it is reasonable to recognize the right to terminate the contract from the perspective of fairness, comprehensively taking into account the circumstances at the time of the loan for use, the period of use and use of the borrower, and the circumstances that the lender
(Supreme Court Decision 2001Da23669 Decided July 24, 2001). With respect to the instant case, the following circumstances, i.e., the Plaintiff, who is a Japanese, may be known by the fact of the above recognition, are no more than the following circumstances.