1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The J land and K land in Gwangju City were owned by L, and the building of this case was newly constructed on the above two lands and the registration of preservation of ownership in L on December 19, 200 was completed.

B. L = The same month for each of the above lands and the instant buildings to ASEAN on September 10, 2002

9. The registration of ownership transfer was completed on the ground of donation.

C. On February 15, 2012, the Plaintiff entered into a sales contract with D to determine the purchase price as KRW 140 million with respect to each of the instant lands and the instant buildings, and entered into a sales contract to acquire the secured debt of KRW 100 million with respect to the instant building, and the same year.

3.2. Completion of the registration of ownership transfer by reason of sale.

On the other hand, the defendant, who is a father-child and D, is living in the second floor of the building of this case since the time when the building of this case was newly constructed.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Judgment on the parties' arguments

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to deliver the building of this case to the plaintiff, unless there are special circumstances.

B. At the time of construction of the instant building, F and D, the main point of the argument of the Defendant’s argument is as follows: F and D invested money to the Defendant’s husband and wife at the time of construction of the instant building; thereby, the Defendant’s husband and wife invested KRW 30 million in the construction of the instant building; and thereafter, the Defendant’s husband and wife E entered into a lease agreement with D on February 19, 2012, converting the above KRW 30 million invested by the Defendant’s husband and wife into the lease deposit and then, entered into a lease agreement with the term of two years from February 20, 2012. The Defendant’s family were residing in the second floor of the instant building from around 200, and completed the move-in report on January 16, 2008, the Plaintiff succeeded to the lessor’s status under the said lease agreement.

In addition, the plaintiff takes over the repayment obligation of KRW 30 million against the defendant's husband E.