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...

1. Facts of recognition;

A. The defendant is the legal spouse of the deceased who completed the marriage report with the deceased C on February 15, 1955 (hereinafter “the deceased”), and the plaintiff is a married person born between the deceased and D.

B. On October 2, 2002, the Plaintiff received a donation from the deceased to acquire ownership of the real estate listed in the attached list (hereinafter “instant apartment”).

C. After the Deceased donated the instant apartment to the Plaintiff, the Deceased resided in the instant apartment with the Defendant until February 19, 2016, and after the Deceased died, the Defendant resided in the instant apartment after the Deceased died.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above fact that the duty to deliver the apartment of this case was established, the defendant is obligated to deliver the apartment of this case to the plaintiff who is the owner, unless there are special circumstances to recognize the possessory right.

B. As to the Defendant’s assertion, the Defendant asserts that, on the condition that the deceased would reside in the instant apartment until he died, the Defendant donated the instant apartment to the Plaintiff on the condition that the deceased would reside in the instant apartment until he died, and that the Defendant has the right to possess the instant apartment. The Defendant’s assertion is without merit, inasmuch as there is no evidence to acknowledge that the deceased donated the instant apartment to the Plaintiff on the condition that the deceased live in the Defendant, and there is no fixed period of time. 2) The Defendant asserts that, even after the death of the deceased, the Defendant allowed the Defendant to use the instant apartment, and that this constitutes a loan for use without a fixed period of time

The deceased and the deceased resided in the apartment of this case with the defendant after they donated the apartment of this case to the plaintiff, and the plaintiff did not raise any objection against this.