The counterclaim by the defendant (Plaintiff) shall be dismissed.

Defendant (Counterclaim Plaintiff) has filed against the Plaintiff (Counterclaim Defendant)

(a) the annexed list;

1. Determination as to the principal lawsuit

A. The following facts can be acknowledged in accordance with the following facts: there is no dispute between the parties, or based on Gap evidence Nos. 1 and 7; the result of this court’s entrustment of the clinical appraisal of the fee; the result of this court’s factual inquiry into the C community service center of this Court; and the purport of the whole legal arguments.

1) The Plaintiff is the owner who acquired on March 19, 201 the ownership of the real estate listed in the separate sheet (hereinafter “instant building”).

2) The Plaintiff and the Defendant were living together with the Defendant in school from around 2012. However, around November 2019, the Plaintiff knew that the Defendant had a spouse under the law and demanded the Defendant to terminate the relationship with the Defendant for this reason, and to leave the instant building from November 1, 2019 (in the instant building, the Defendant was living together with the Defendant at the time) to the end of the pleadings of the instant building from November 1, 2019 to the end of the pleadings.

B. 1) According to the above facts of recognition, the plaintiff has the right to claim the delivery of the building of this case and the return of unjust profits from possession, and the defendant must comply with such claim, except in extenuating circumstances.

2) On the title of the full bench to assert and prove the Defendant’s source of right to possess the instant building, the Defendant asserted that ① the Plaintiff cannot seek delivery of the instant building to the Defendant in a de facto marital relationship, and ② the Defendant’s payment was made to the Plaintiff, and thus, the instant building cannot be transferred until it is received.

① As to the above assertion, even if a de facto marital relationship between the Plaintiff and the Defendant is recognized, a de facto marital relationship exists on the basis of a de facto relationship, and can be resolved by a party’s will, and if a fact of community life is lost due to a reversal of either party, the de facto marital relationship is resolved (see Supreme Court Order 2008S 105, Feb. 9, 2009), and the Plaintiff.