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1. The Defendant (Counterclaim Defendant) indicated the Plaintiff (Counterclaim Defendant) on the annexed map of 64.32 square meters underground of real estate indicated in the annexed sheet 1.
Reasons
1. Basic facts
A. The plaintiff is the deceased E's children, and the defendant is the spouse of the deceased E and the plaintiff's mother.
B. On May 16, 2008, the deceased E divorced from the Plaintiff’s father’s mother on May 16, 2008, and the Defendant and the Defendant remarried on October 22, 2009.
C. On August 25, 2011, the network E entered into a lease agreement with the Defendant on the part of “A” (hereinafter “instant lease agreement”) which connects each point of 1,2,3,4, and 1 in sequence of the annexed map among the area of 64.32 square meters in the underground of real estate indicated in the annexed sheet with D on August 25, 201, with respect to the lease deposit of KRW 31 million (hereinafter “instant housing”). D leased the instant housing from D and resided together with the Defendant.
On November 6, 2013, the network E, the Plaintiff, and D agreed to change the name of the lessee of the instant lease agreement to the Plaintiff, and accordingly, the Plaintiff and D drafted a new lease agreement from November 6, 2013 to November 5, 2015.
E. The deceased E died on January 17, 2017, and the Defendant has resided in the instant house up to now, and the deceased E’s heir has the Plaintiff, F, and G, who is the spouse.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 1, 2, 4 through 6 (including provisional number), the purport of the whole pleadings
2. Determination on the main claim
A. According to the above facts, the Plaintiff is entitled to possess and use the instant house by acquiring the right of lease under the instant lease agreement from the deceased E, and the Defendant occupied the instant house without any right of possession, thereby infringing on the Plaintiff’s right of lease. As such, the Defendant is obligated to deliver the instant house to the Plaintiff. 2) As to this, the Defendant changed the name of the lessee on the ground that D was repaid by the Plaintiff on behalf of the deceased E on the ground that D did not have repaid the Plaintiff on the part of the Plaintiff.