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

A. The Plaintiff acquired ownership by selling on May 6, 2015 in the auction procedure for the rent of real estate C in this Court.

B. The defendant occupies the above immovables.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 1-1, the purport of the whole pleadings

2. The plaintiff of the parties asserted that the defendant occupied the above real estate without title and filed a claim for the delivery thereof.

On the other hand, the defendant asserts that the above real estate was legally occupied by leasing it from the former owner.

Therefore, the issue of this case is whether the defendant has opposing power or not.

3. Determination

A. As a result of the submission of the statements Nos. 3 and 4 as well as the financial transaction information by this Court against the Korea CTR Bank, the following facts can be acknowledged in full view of the witness D’s testimony and the purport of the entire pleadings.

1) On October 7, 2007, the Defendant leased the said real estate to D, the owner of the real estate listed in the attached list, with the deposit of KRW 135 million, and the period from October 30, 2007 to October 29, 2009. The Defendant paid D the deposit amount of KRW 13.5 million to D on the day. (2) At the time of the above lease agreement, the registration of creation of a mortgage of KRW 780,00,000,000, which is the site of the apartment building, including the said real estate, was established at the time of the above lease. Accordingly, D agreed to pay the said collateral debt by October 30, 2007, but failed to perform the said lease agreement.

3) On October 26, 2007, prior to the date of the remaining balance, the Defendant first moved in and moved in on October 26, 2007, and received the same date, and paid the remainder of KRW 121.5 million on October 30, 2007, which is the date of the agreement on the payment of the deposit (the Defendant received a loan of KRW 25 million from a national bank on October 30, 2007, and then remitted the remainder of KRW 96.5 million to D account by the Defendant or F.

4) Since then, the above lease is implicitly renewed.