The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

The grounds of appeal are examined.

1. The principle of free evaluation of evidence, which is declared by Article 202 of the Civil Procedure Act, refers only to a dismissal from the formal and legal evidence rules, and it does not allow a judge's arbitrary judgment. Thus, it is necessary to determine the truth of the assertion of facts in accordance with logical and empirical rules based on the ideology of social justice and equity by legitimate evidence which has undergone legitimate evidence examination procedures. Although the acknowledgement of facts falls under the discretion of the fact-finding court, it shall not escape from such restrictions.

(2) On November 10, 2010, the court below held that (1) on August 10, 2010, the defendant did not actually occupy the building of this case against the defendant's possession of the apartment of this case since the lease of the apartment of this case to F and after the first instance court's closing argument, the defendant did not occupy the building of this case since the first instance court's closing argument, since he did not occupy the apartment of this case. (2) On November 28, 2010, the court below found the fact that the plaintiff illegally occupied the apartment of this case by removing the notice of exercising the right of retention attached to the entrance of this case on November 28, 2010.

3. However, according to the reasoning of the judgment of the court below, the above judgment of the court below is based on the entry of F in a certified copy of resident registration (Evidence No. 22) and the purport of whole pleadings.

However, on April 27, 2012, the above certified copy of resident registration is FF on the apartment of this case.