2. The costs of lawsuit shall be borne by the Plaintiff.

A. The real estate indicated in the separate sheet (hereinafter “instant building”) was originally owned by the Defendant, who completed the registration of ownership transfer on November 14, 1996, and the ownership transfer registration was completed in the name C due to the sale on August 21, 2006, and the ownership transfer registration was completed in the Plaintiff’s name on October 27, 2015.

The plaintiff is a partner of C.

B. The Defendant completed a move-in report on resident registration on October 30, 1996 on the instant building and occupied, occupied, and used the move-in report while residing in the second floor 86.21m2 (hereinafter “instant house”) from around that time.

[Grounds for recognition] Unsatisfy, Gap 1-3 evidence, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion without any title occupies and uses the instant house without permission, it is necessary to deliver the instant house to the Plaintiff as the owner, and return unjust enrichment equivalent to the rent for occupation and use.

B. The defendant's assertion is a tenant with opposing power under the Housing Lease Protection Act and has the title to legally occupy the housing of this case.

3. Determination

A. Comprehensively taking account of the statements in Gap evidence Nos. 4, 5, Eul evidence Nos. 1 through 7 (including more than one number), and the purport of the whole pleadings in witness Eul's testimony, the defendant: (i) operated a business company and completed the registration of transfer of ownership in the name of C on August 21, 2006, with the building of this case and its site owned by the creditor, who was in a business transaction for which the creditor's possibility of compulsory execution is high due to the financial difficulties; and (ii) subsequently, upon the defendant's request, promised to transfer the registration of transfer of ownership to the defendant; and (iii) the defendant and C promised to transfer the registration of transfer of ownership to the defendant on September 19, 2008, instead of practically acquiring the ownership of the building of this case and its site, the defendant guarantee the right to lease the housing of this case to the defendant.