2. The plaintiff's claim against the defendant B.

A. On June 29, 2015, Defendant B entered into a lease agreement with the Plaintiff on the lease of real estate listed in the attached list owned by the Plaintiff (hereinafter “instant apartment”) by setting the deposit amount of KRW 30 million, KRW 1.8 million per month, KRW 18 million per month, and the lease term from July 31, 2015 to July 30, 2017 (hereinafter “instant lease agreement”).

B. Defendant C and D, having a business relationship with Defendant B, occupy and reside in the apartment of this case, and Defendant B did not occupy the apartment of this case.

C. Defendant B did not pay the rent from February 2016.

On August 2, 2016, the Plaintiff sent to Defendant B a notice that the instant lease contract will be terminated on the grounds of the delinquency in rent, and around that time, the said notice reached Defendant B.

[Basis] A without dispute, Gap evidence No. 1 (the defendant Eul alleged that the defendant Eul and Eul forged Gap evidence No. 1 lease contract by stealing the name of the defendant Eul, but the defendant Eul acknowledged that the stamp image affixed with the evidence No. 1 is based on his seal. Even according to the defendant Eul's assertion, the defendant Eul filed a complaint against the above defendants on the ground that the defendant Eul and D forged the above lease contract, but the defendant Eul's non-guilty disposition and the defendant Eul was charged with summary indictment for the crime of false accusation. Comprehensively considering these points, the authenticity of the evidence No. 1 can be fully recognized), the entries in the evidence No. 2, and the purport of the whole pleadings.

2. In a case where a claim for the delivery of a real estate is filed on the ground of an illegal possession in determining the claim against Defendant B, unlike what is required against a real possessor, the other party is not limited to a direct possessor, and a claim against an indirect possessor is also allowed.

However, it is impossible to fulfill the duty of delivery of indirect possessor by the direct possession of another person.