A. On June 14, 1990, real estate listed in the separate sheet (hereinafter “instant building”) was registered in the name of the original Defendant C, the mother of the original Defendant, and on November 25, 2005, the ownership transfer registration was made to the Plaintiff on December 5, 2005.

나. 이 사건 건물 중 별지1 도면 표시 1, 2, 3, 4, 1의 각 점을 차례로 연결한 선내 ㈎ 부분 82.60㎡는 근린생활시설로서 별지2 도면과 같이 4개의 점포와 욕실, 화장실(이하 화장실에 가까운 쪽부터 ‘1호, 2호, 3호, 4호 점포’라 한다)이 각 위치해 있고, 별지1 도면 표시 5, 6, 7, 8, 5의 각 점을 차례로 연결한 선내 ㈏ 부분 67.50㎡는 주택(이하 ‘이 사건 2층 주택’이라 한다)이다.

C. The Defendant, the Plaintiff’s birth, operated a computer wholesale and retail business with the name of “D” at the store from January 11, 2001, and operated the restaurant “F” at the store from May 30, 2004 as the wife E business entity from May 30, 2004. Around 2005, the Plaintiff returned the lessee’s deposit deposit amount of KRW 5 million to the lessee company and extended the restaurant to two stores.

Around April 2004, the Defendant returned the deposit of KRW 50 million to H of the former lessee of the second floor of this case to the former lessee of the second floor of this case, and performed internal repairs, and thereafter has been moving into the second floor of this case from June 2004 and resided therein.

E. The Plaintiff filed a lawsuit against the Defendant against the Seoul Southern District Court 2012Kadan61777, but was sentenced to a judgment against the lower court, and appealed accordingly.

F. The Plaintiff asserted the cause of the claim in the instant court 2013Na51969, the appellate court, as follows.

1 Of the instant building, KRW 2, 3, and 4, KRW 1, and KRW 1,00,00, KRW 2, 3, and 4 owned the instant building under the name of wife C, and KRW 1,00,000, KRW 600 per month was leased to the Defendant without setting a period. The Plaintiff donated the instant building on December 5, 2005.