1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 21, 2015, the Plaintiff entered into a sales contract for the instant apartment, and completed the registration of ownership transfer in the name of the Plaintiff on May 14, 2015.

B. The Defendant has occupied and used the instant apartment from May 30, 2015 to the present time.

[Ground for recognition] Unsatisfy

2. The parties' assertion

A. The plaintiff's primary assertion is that the defendant, from May 30, 2015 without the plaintiff's permission, occupied and used the apartment of this case owned by the plaintiff without any legal ground and suffered losses equivalent to the same amount to the plaintiff. Thus, the defendant is obligated to deliver the apartment of this case to the plaintiff, and pay to the plaintiff the amount at the rate of KRW 700,000 per month from May 30, 2015 to the completion date of delivery of the apartment of this case. Preliminaryly, the defendant and the non-party D, a licensed real estate agent, deceiving the plaintiff who cannot make a normal decision due to excessive drinking, etc., and let the plaintiff enter into a lease contract with the defendant on the apartment of this case without compensation. Thus, the defendant is obligated to deliver the apartment of this case to the plaintiff.

B. On May 16, 2015, the Defendant asserted that the period of use of the instant apartment was between May 16, 2015 and the Plaintiff, setting the period from May 16, 2015 to May 16, 2017, entered into a loan agreement for use. Accordingly, the Defendant occupied and used the instant apartment, and thus, the Plaintiff’s claim is without merit.

3. Determination

A. According to the Plaintiff’s statement No. 1 (the Plaintiff’s free real estate lease agreement and the Plaintiff’s name are presumed to have been authentic in its entire document due to the lack of dispute over the Plaintiff’s seal) and the witness D’s testimony on May 16, 2015 regarding the instant apartment from May 16, 2015 to the Defendant.