1. The judgment of the first instance, including the plaintiff's claim extended by this court, shall be modified as follows:

The defendant.

1. Basic facts

A. The Plaintiff and the Defendant were legally married couple, and the conciliation was concluded on December 12, 2012 and divorced.

B. On May 2, 2002, the Plaintiff purchased buildings listed in the separate sheet (hereinafter “instant building”) from C and D on May 2, 2002, and completed the registration of ownership transfer made on May 29, 2002.

C. The Defendant is occupying the instant building from December 12, 2012 to the present date.

On February 6, 2013, the Defendant filed a claim for division of property with Suwon District Court 2013Hun-Ma56, which was then withdrawn on June 20, 2013.

On February 24, 2014, the Plaintiff filed a claim for division of property with the Jung-gu District Court 2014Ra408 (hereinafter the case was transferred later, and became the case of the said court 2014Rahap15), but withdrawn the said claim on July 13, 2015.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 (including virtual numbers; hereinafter the same shall apply), Eul evidence 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendant is obligated to deliver the building of this case to the plaintiff who is the owner of the building of this case and pay the amount equivalent to the rent due to damages caused by illegal possession.

B. Furthermore, according to the health team, the result of appraisal of rent by expert G at the trial, and the purport of the entire pleadings as to the amount of compensation for damages, the rent for the building of this case from December 12, 2012 to July 10, 2017 is recognized as having been 2,731,250 per month during the period from December 12, 2016 to December 11, 2017, and the rent for the following is also confirmed as having been 138,270,00 won in total.

Therefore, the Defendant’s total sum of the rent for the instant building from December 12, 2012 to September 27, 2017, which is the date of the closing of argument in the trial, is KRW 145,280,208 [Around December 12, 2012 to July 10, 2017, total of KRW 138,270,000 from July 11, 2017 to September 27, 2017] and KRW 7,010,208 [Around KRW 2,731,250 x (within February 17/30) x below KRW 2,731,250] and KRW 145,28 from September 28, 2017 to the date of the completion of delivery of the said building] and KRW 2,731,50,50