1.The judgment of the first instance shall be modified as follows:

The defendant.

1. Request for extradition;

A. The Plaintiff’s determination as to the cause of the claim is the owner who registered the preservation of ownership as to the real estate recorded in the attached list on November 12, 1979, and the fact that the Defendant, without title, operates an architect’s office in the instant office from August 22, 2016 without title, and occupies and uses the instant office from August 22, 2016, is recognized in full view of the following: there is no dispute between the parties; or the purport of the evidence Nos. 1, 2, 4, and 6 as a whole.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant office to the Plaintiff and pay unjust enrichment due to the possession and use of the instant office.

B. As to the judgment on the Defendant’s assertion, the Defendant asserted that the Defendant had a legitimate right to possess the instant office as the lessee, since the Defendant agreed to cancel the lease agreement between the Plaintiff, Korea Construction Machinery Co., Ltd. (hereinafter “Korea Construction Machinery”), and the Defendant between the Plaintiff and Korea Construction Machinery Co., Ltd. (hereinafter “Korea Construction Machinery”), and the Defendant to conclude a lease agreement between the Plaintiff and Korea Construction Machinery Co., Ltd. from July 18, 2016 to July 17, 2017 on the instant office.

According to the evidence No. 1, the Plaintiff, Korea Construction Machinery, and the Defendant: (a) revoked the lease agreement between the Plaintiff and Korea Construction Machinery on July 29, 2016; and (b) prepared a letter of commitment that the Plaintiff and the Defendant would have agreed to enter into a lease agreement between July 18, 2016 to July 17, 2017 with respect to the instant office; but (c) on the sole basis of the above fact, it is recognized that the Plaintiff and the Defendant entered into a fixed lease agreement with the Plaintiff and the Defendant, and the Defendant has a legitimate right to possess the instant office as a lessee.