1. Facts of recognition;

A. On November 4, 1997, the Plaintiff was married with C on November 4, 1997, and the agreement was married on July 20, 2016.

B. On September 3, 2013, the Plaintiff was determined as the highest bidder in the auction procedure for D real estate auction in this court regarding each real estate indicated in the indication of the attached real estate (hereinafter “instant real estate”), and the Plaintiff paid in full the sale price and completed the registration of ownership transfer on October 15, 2013 with the permission for sale on September 10, 2013.

C. On August 26, 2013, the Defendant lent KRW 20,500,000 to C (i.e., KRW 1,500,000,000) and KRW 32,00,000 on November 11, 2013, including KRW 11,50,000,000.

The defendant shall file a move-in report on the real estate in this case on May 29, 2014, and the same year.

7. 9. The instant real estate obtained a fixed date on June 12, 2014 lease agreement from June 12, 2014.

However, the defendant lost the above lease contract and does not hold it currently.

[Ground of recognition] Facts without dispute, Gap 1 to 15 evidence, Eul 1 to 5 evidence (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion (the ground for the principal lawsuit and the defense against the counterclaim) is that the defendant is the husband C of the former husband.

C requested the Plaintiff to allow the Defendant to reside free of charge in the instant real estate. Around May 29, 2014, a loan agreement was concluded between the Plaintiff and the Defendant for free, without agreement between the time to return the instant real estate.

In this case, the plaintiff who is the lender may terminate the contract at any time when the period sufficient for use and profit has elapsed, and the plaintiff shall terminate the loan agreement with the defendant as a duplicate of the complaint of this case.

Since May 29, 2014, the Defendant occupied the instant real estate for at least two years and eight months, and the period sufficient to use and profit from the instant real estate has elapsed. As such, the loan agreement between the Plaintiff and the Defendant was lawfully terminated, and the Defendant raised objection to the Plaintiff.