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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The fact that the Plaintiff’s judgment on the cause of the Plaintiff’s claim is based on the real estate indicated in the separate sheet that completed the registration of ownership transfer on September 22, 2014 (hereinafter “instant real estate”) that the Defendant currently occupies, uses, and benefits from the real estate is not disputed between the parties
Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any other special circumstances.
2. Judgment on the defendant's assertion
A. The Defendant’s primary assertion 1) C, a former owner of the instant real estate, is the Co., Ltd. (hereinafter “C”).
(1) The Plaintiff leased the instant real estate to the Defendant. However, the Plaintiff’s husband, the Plaintiff’s husband, was the representative director, D (former trade name: L: hereinafter “D”).
(2) The Defendant, as a lessee of the instant real estate, succeeded to the status of the lessor under the said lease agreement while purchasing the instant real estate from C, and the Plaintiff also succeeded to the status of the lessor under the said lease agreement. Therefore, even if the Defendant did not accept the assertion that the Defendant succeeded to the status of lease under the lease agreement on the instant real estate as a lessee of the instant real estate, the Defendant may exercise the right to retention on the instant real estate in order to secure repayment thereof, since the Defendant had the right to claim reimbursement of expenses and profit-making expenses incurred with respect to the instant real estate during the possession period of the instant real estate under Article 203(2) of the Civil Act.
B. Although evidence that conforms to the facts alleged by the Defendant as to the Defendant’s primary assertion, the following circumstances, i.e., the lessor C, as the father of the Defendant, stated the evidence No. 1 and the entire purport of the pleading, which can be comprehensively known.