A. Defendant B is a student hall in attached Form 1, among the real estate 890.33 square meters on the 1st floor listed in attached Table 1 list of real estate.

A. The Plaintiff is an educational foundation established for higher education, lifelong education, etc., and is the owner of each real estate listed in the separate sheet, which is a building used by the above university (hereinafter “each real estate of this case”).

B. On April 30, 2012, the Plaintiff entered into a contract with Nonparty G Co., Ltd. (hereinafter “G”) to operate a dormitory and a restaurant and transfer ownership to the Plaintiff. However, on September 6, 2012, G entered into a profit-making build-transfer-lease agreement (hereinafter “instant build-transfer-lease agreement”) that would operate the dormitory and a restaurant for twenty (20) years, and on September 6, 2012, G entered into a restaurant (hereinafter “instant restaurant”) with the part (A) on the part of each of the instant real estate on the part (a) located in the ship and the part (b) located in the order and the part (c) located in the 50.8 square meters in the ship and the part (d) located in the 48 square meters in the place (hereinafter “instant convenience store”).

Article 4 of the instant operational contract provides that “The instant restaurant and convenience store shall not be operated by any other person or any other person except G.” Article 6(1) provides that the instant lease agreement shall automatically terminate if the instant build-transfer contract is concluded and the instant permit for the completion of the restaurant is granted.

C. Since February 2016, Defendant B, without the Plaintiff’s consent, transferred the instant restaurant to G around February 2016 and possessed it from that time while running the restaurant. The Defendants occupied the instant restaurant without the Plaintiff’s consent.

On the other hand, on July 30, 2015, the Plaintiff’s board of directors decided that the instant build-transfer-lease contract was invalid without obtaining prior approval from the Plaintiff’s board of directors and competent authorities, and notified this to G on August 10, 2015.

In addition, the Plaintiff filed a lawsuit against G to seek delivery of the instant restaurant and convenience store, and on May 26, 2017.