2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. Summary of the parties’ assertion

A. The summary of the Plaintiff’s assertion is that the Defendant without any title occupies the instant real estate, and thus, the Plaintiff, the owner of the instant real estate, has the duty to deliver it to the Plaintiff.

B. The summary of the Defendant’s assertion 1) is between the Plaintiff and the Defendant. At the time when the mother, who is a mother, agreed to reside in the instant real estate, at the time of the living room, the Plaintiff agreed to reside in the said real estate without compensation. Therefore, the Defendant is unable to comply with the Plaintiff’s claim. 2) At the time of the Plaintiff’s purchase of the instant real estate, the mother, at the time of the Plaintiff’s purchase of the instant real estate, paid KRW 120 million to the Plaintiff in cash with the purchase fund, and this is the lease deposit that C paid to the Defendant. At the time of the Plaintiff’s purchase of the instant real estate, this is deemed as the lease deposit that C paid to the Defendant. As at the time of the Plaintiff’s death in the instant real estate, as the Defendant and C, the Plaintiff and C

Therefore, the defendant, who is a joint lessee, has a duty to return the real estate of this case to the plaintiff and at the same time has a duty to deliver it.

3. Determination

A. The fact that the plaintiff is the owner of the real estate of this case, and the fact that the defendant occupied and used the real estate of this case as mentioned above. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff unless there are special circumstances. Thus, the plaintiff's claim is just.

B. Determination on the Defendant’s argument regarding the allegation of the first loan for use is examined, and a loan for use is concluded between the Plaintiff and the Defendant.