The defendant shall be innocent.

The Defendant is a person who was in de facto marital relationship while residing with the victim in Gangnam-gu Seoul Metropolitan Government D Apartment 108 Dong 1309, which was permanently leased by the victim C from November 192.

around February 15, 2012, the Defendant received a demand from the victim to February 29, 2012 that the said apartment was sent to the victim from February 29, 2012 when he was living separately with the victim.

Nevertheless, the defendant has not complied with it and has been residing in the above apartment until now, so the victim's eviction needs without any justifiable reason.

The Gu refused to comply with the Gu.

Judgment

1. Evacuation, or withdrawal of a person who enters the residence of a person, shall be required to leave the residence or manager;

It is established when the Gu is received and does not leave the place, and the crime of intrusion upon residence is actually protected as well as the crime of peace of residence.

The subject of the Gu refers to the person who has the right to have access to the residence and decide his/her stay, and the person who has the right to have access to the residence does not necessarily require the person to be the owner or the direct occupant and resides in the residence and thus has privacy interest in the place, he/she shall be the person who has the right to the residence, and as long as the person has the right to the residence, his/her residence shall be lawfully

2. According to the facts charged in this case and the evidence duly adopted and examined, the defendant had a de facto marital relationship with the victim since 1992, while living in the apartment as stated in the facts charged, and has been residing in the above apartment. According to the above facts of recognition, the defendant is a co-resident of the above apartment, and even if the defendant did not have a legal right to reside in the above apartment, and was demanded to leave from the victim.