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

A. On January 16, 2015, the Plaintiff sold real estate listed in the separate sheet (hereinafter “instant rest area”) at KRW 2.6 billion with C, and agreed that the remainder KRW 250 million shall be paid up to January 25, 2015, and the remainder KRW 2.350 million shall be paid up to February 13, 2015 (hereinafter “instant sales contract”). Around that time, the Plaintiff consented C to occupy and use the instant rest area.

B. As between C and D on September 1, 2016, the Plaintiff agreed to succeed to the buyer status of C under the instant sales contract, and the Plaintiff agreed to receive KRW 35 million out of the unpaid payment until October 20, 2016, and KRW 110 million until December 28, 2016, and KRW 10 million until March 2, 2017 (hereinafter “instant succession agreement”).

C. D around April 2017, around March 2, 2017, the Plaintiff prepared and delivered a written statement to the effect that the instant sales contract was terminated by failing to fully pay the unpaid amount under the instant succession contract, and that the contract was rescinded (hereinafter “instant written statement”).

On the other hand, on November 4, 2016, the Defendant entered into a partnership agreement with D to jointly operate the instant rest area, and currently occupies and operates the instant rest area.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 5, Eul evidence 2, the purport of the whole pleadings

2. The Plaintiff’s assertion D is deemed to have waived the right under the instant succession contract, or the instant succession contract between the Plaintiff and D was rescinded by agreement. As such, the Defendant, who entered into a partnership agreement with D and occupied the instant rest area, is obligated to deliver the instant rest area to the Plaintiff as an illegal occupant. The Defendant’s illegal occupant, who started occupation without permission, was at KRW 80 million equivalent to the rent from February 1, 2018 to May 31, 2018, and delay damages therefrom, from June 1, 2018 to May 31, 2018.