1. The defendant has each point of 26, 27, 28, 29, and 26 of the attached drawings among the real estate listed in the attached list to C.

1. Basic facts

A. C Co., Ltd. (hereinafter “Nonindicted Company”) entered into a sales contract with the Plaintiff (hereinafter “instant sales contract”) on or before August 2010, with respect to a unit store (B) equivalent to 10 square meters in the part on the ship connecting each point of 26, 27, 28, 29, and 26 attached Form No. 26, 27, 28, 29, and 26.

B. From April 2016, the Defendant occupied the instant store without permission to the present place of business from around April 2016, and used it as a place of business.

C. On June 19, 2018, the Defendant was indicted for summary facts constituting the crime of “infusing the instant store managed by the Plaintiff without permission, and interfering with the Plaintiff’s store leasing business while occupying it,” and received a summary order of KRW 2 million on July 10, 2018 due to the crime of interference with business and intrusion upon structure, and the said summary order became final and conclusive as is.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4, 6, 8 through 11 (including additional numbers), and the result of this court’s commission of surveying and appraisal to the branch offices of the Korea Land Information Corporation, the substantial facts in this court, and the purport of the whole pleadings

2. Determination on this safety defense

A. In relation to the claim for the delivery of the instant store, the Plaintiff asserts that the right to use and benefit from the sales contract of the instant store against the non-party company as the preserved right to the non-party company is the exercise of the right to the non-party company’s right to claim the exclusion of disturbance against the defendant. Accordingly, the Defendant asserts that the above claim is unlawful on the ground that the Plaintiff did not have the right to exclusively possess and use the instant store

B. The creditor's subrogation right under Article 404 of the Civil Act refers to the right of subrogation of the debtor to the third party when the creditor needs to preserve his/her claim against the debtor.