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1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. On August 2, 2012, the Plaintiff purchased a building listed in the separate sheet (hereinafter “instant building”) and completed the registration of ownership transfer as to the instant building on the same day, and the fact that the Defendant currently occupies the instant building does not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1 through 5 (including the serial number). Thus, the Defendant is obligated to deliver the instant building to the Plaintiff, the owner of the instant building, barring any special circumstance.
2. As to the Defendant’s defense, the Defendant asserts that himself is the wife B, who was an employee of SP Co., Ltd. (hereinafter “SP”) who was the subcontractor of SP Co., Ltd. (hereinafter “SP”), the lien holder of the instant building (hereinafter “SP”), and is merely the occupation assistant who assisted the exercise of the lien upon the request of SP construction around August 2013.
The possession assistant means a person who actually controls an article under the instruction of another person in relation to household affairs, business and other similar relations (Article 195 of the Civil Act). The business relationship referred to in this context is generally based on an employment contract, but may arise under various contractual relationships, such as delegation contract deposit, etc., and other similar relations include all the cases in which possession is deemed to assist in accordance with the instruction of the other person and the order of the other person.
(Supreme Court Decision 2010Da45920 Decided September 8, 201, and Supreme Court Decision 2014Da41247 Decided October 30, 2014). In other words, the following circumstances are as follows: (a) the Defendant completed a move-in report on the building of this case on August 24, 2009; (b) the Defendant and E&W completed the move-in report on the building of this case on around November 201, 201 between the Defendant and E&W and the Defendant and E&W, and the possession performance statement on October 30, 2013.