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

3...

A. On December 27, 2001, the registration of ownership transfer was completed in the name of Median Co., Ltd. (hereinafter “Median”) with respect to the real estate listed in the separate sheet (hereinafter “instant building”), and on March 17, 201, the principal registration of ownership transfer was completed on the basis of the registration of the right to claim ownership transfer on November 11, 2002 under the Plaintiff’s name on November 20, 2014.

B. From April 207, the Defendant occupied the instant building with the wife C, etc. from around April 2007.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The Plaintiff, as the owner of the instant building, seeks delivery of the building without permission to the Defendant. 2) If a preliminary relationship between the Plaintiff and the Defendant exists with respect to a loan for use, the Plaintiff terminates the loan agreement with the Defendant on delivery of the copy of the complaint pursuant to Article 613(2) of the Civil Act, and seeks delivery of the building to the Defendant.

B. Defendant 1) The Defendant supplied the building materials worth KRW 1.2 billion at the time of the construction of the instant building, but did not receive the price, and thus occupied the instant building. 2) Even if the Defendant’s possession of the instant building under a loan agreement with the Plaintiff was based on a loan agreement with the Plaintiff, it cannot be deemed that the period sufficient to profit from the use expired, and thus, the Plaintiff’s termination of the loan agreement for use is unreasonable.

3. Determination

A. 1) As the Plaintiff is the owner of the instant building, barring any special circumstance, the Defendant is obligated to deliver the said building to the Plaintiff, barring special circumstances. 2) As such, the Defendant claims that the Plaintiff is the lien holder, the Defendant engaged in the stone supply business in his own name, taking full account of the overall purport of the pleadings in the descriptions and videos of the evidence Nos. 1, 5 through 11, and 17.