A. On April 2013, the Defendant: (a) went out from Mapo-gu Seoul Metropolitan Government E Apartment Complex No. 307 (hereinafter “instant 307”); (b) and (c) the Defendant transferred possession under the instant 307 to F Co., Ltd. and did not impose a disposal of the pre-existing possession transfer.

B. The sentence of the lower court’s improper sentencing (one year of suspended sentence in April) is too unreasonable.

2. Determination

A. 1) The following facts can be acknowledged according to the evidence duly adopted and examined by the lower court.

A) Around October 27, 2008, D Co., Ltd. (hereinafter “D”) completed remodeling and extension works on E-building buildings on one parcel, other than 1607 square meters in Mapo-gu Seoul, Mapo-gu, Seoul, and one another (hereinafter “instant building”). Around October 27, 2008, D Co., Ltd. (hereinafter “D”) has a claim for construction cost of KRW 2.6 billion against O Co., Ltd., and exercised a lien on part of the instant building in order to secure the said claim for construction cost.

B) Around June 3, 2009, D employed the Defendant as a temporary employee, and occupied the instant No. 307 among the instant building, and the Defendant, upon D’s request, drafted a letter of performance management performance to deliver the instant No. 307 to D immediately.

C) On February 10, 2011, D sent to the Defendant a certificate to deliver the instant Nos. 307 to February 27, 2011, but the Defendant did not deliver the instant Nos. 307 to D.

D) Accordingly, the Seoul Western District Court filed a lawsuit to deliver the instant No. 307 to the Defendant, and the Defendant paid the said lawsuit KRW 21 million from June 3, 2009 to January 31, 2010 upon withdrawal of the Defendant, and filed a counterclaim to seek the payment of the said money (Seoul Western District Court Decision 2012Ga, Seoul Western District Court Decision 2067Ga, 2012Gadan 4940 (Counterclaim)). D).