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

A. The net C, the owner of the instant apartment, committed on April 10, 2009, setting up a mortgage on the said apartment with the maximum debt amount of KRW 169,00,000 for the said apartment.

B. On June 18, 2014, the Plaintiff filed an application for the auction of real estate rent with the Incheon District Court D for the instant apartment based on the foregoing right to collateral security, and the auction procedure commenced on June 18, 2014. The Plaintiff paid the sale price on April 28, 2015 in full, and acquired the ownership of the said apartment on the same day.

C. The defendant completed a move-in report on the apartment of this case on June 23, 2006 and currently resides in the above apartment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 6, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant occupied the said apartment without permission, even though there was no right or authority to occupy the instant apartment. As such, the Defendant should deliver the said apartment to the Plaintiff, and pay unjust enrichment equivalent to the rent from April 29, 2015 to the completion date of delivery of the said apartment from April 29, 2015, the following day after the Plaintiff acquired ownership

B. The defendant's assertion has a legitimate right to occupy the above apartment as the lessee with the opposing power of the apartment of this case.

3. Determination

A. The defendant, on May 22, 2006, shall be KRW 85,00,000 as lease deposit for the network C and the above apartment with respect to which the owner of the apartment in this case was the owner of the apartment in this case, but KRW 7,000,000 shall be paid at the time of the contract, and the remainder of KRW 78,00,000 shall be paid on June 24, 2006, and the lease contract (hereinafter "the lease contract in this case") shall be concluded from June 24, 2006 to 24 months from June 24, 2006.

(2) On May 22, 2006, the Defendant paid 7,000,000 won for the down payment, and 78,000,000 won for the remainder on June 23, 2006, respectively. On June 23, 2006, the Defendant completed the move-in report on the same day after receiving the instant apartment on the same day and received the fixed date, and thereafter completed the move-in report on the said apartment.