1. The defendant's appeal regarding the claim for delivery of real estate in the judgment of the first instance is dismissed.

2. The extension by this court shall be made.

1. Basic facts and the reasons why the court's explanation on this part of the Plaintiff's assertion are the same as that of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The judgment on the cause of the claim has a duty to deliver the instant real estate to the Plaintiff seeking the removal of disturbance, unless there is no legitimate title to possess the instant real estate as the owner, and further, the Defendant obtained profit equivalent to the rent by occupying and using the instant real estate, and thereby, incurred loss equivalent to the amount of the rent to the Plaintiff. Therefore, the Defendant is obligated to return the amount equivalent to the rent to the Plaintiff as unjust enrichment.

3. Whether the defendant has a title to possess the real estate of this case

A. The Defendant’s assertion (the gist of the grounds of appeal) borrowed KRW 18 million from the Defendant to pay interest on the instant real estate as a result of the loan, and entered into a lease agreement with the Defendant as a lessee on behalf of the Plaintiff to secure the obligation for the loan.

However, since D did not repay the above borrowed money to the Defendant until now, the Defendant has the right to possess the instant real estate as a legitimate lessee until D or the Plaintiff received the above money from the Plaintiff.

B. First of all, we examine whether the Plaintiff delegated D the authority to conclude the instant lease agreement.

The following circumstances, which may be revealed by the statements in Gap evidence 11, 12, and 19, and by the purport of the entire testimony and pleading of witness D, namely, ① not D but D, the Plaintiff paid interest on the loans to the real estate of this case since April 2013, ② it is difficult to deem that the Plaintiff permitted D to enter into the instant lease agreement in order to secure the obligations of others unrelated to himself/herself. ③