1. Of the judgment of the court of first instance, the part against the plaintiff ordering extradition and payment is revoked.

2. The defendant.

1. Facts of recognition;

A. On December 24, 2007, the Defendant entered into a lease agreement with the Plaintiff to rent part of the real estate (95m2 in 125.76m2) in the attached list (hereinafter “instant commercial building”) on a deposit amount of KRW 10 million and KRW 500,000 in monthly rent, and used it as a certified judicial scrivener office from January 2008 to March 2015.

B. However, on January 18, 2013, when a voluntary decision to commence the auction was made to Suwon District Court G with respect to the instant commercial building, and accordingly, the auction procedure was in progress, D, from the soil on April 10, 2015, leased a part of the instant commercial building (95 square meters out of 125.76 square meters) as a monthly rent of one million won without a deposit, from the soil on April 10, 2015.

C. On May 11, 2015, the Defendant, D, and Saturdays drafted a lien succession contract to the effect that “the Defendant does not object to the exercise of the right of retention on the internal facilities installed in the instant commercial building, and the Defendant paid in lieu of D the said internal facilities the amount of KRW 14.3 million unpaid to the construction business operator, and succeeds to the Defendant’s right of retention and accepts the soility.”

D In the aforementioned voluntary auction procedure on September 7, 2015, the said KRW 14,30,000 won was a part of the construction price of the partitions for the instant commercial building, and reported the lien as secured claim. On November 5, 2015, the Plaintiff acquired the ownership by winning a successful bid for the instant commercial building during the said voluntary auction procedure.

E. On January 20, 2016, the Defendant received a lien of KRW 14,30,000 from D and succeeded to the lien, and on January 31, 2016, occupied the entire commercial building of this case by being transferred from D again until now.

F. At present, the instant commercial building: ① gas boiler for the extension of urban gas pipelines and heating; ② installation of partitions and floor temperature stones for childcare rooms; ③ installation of partitions for certified judicial scrivener rooms; ④ installation of conference room partitions; ⑤ installation of conference room partitions and internal water supply and sewerage systems.