1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

The Plaintiff filed the instant lawsuit against the Defendant, asserting that the Defendant did not have the right to possess the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “the apartment of this case”) but did not comply with the Plaintiff’s request for delivery and eviction, and filed a lawsuit against the Defendant seeking the delivery and eviction of the instant apartment.

Comprehensively taking account of the respective descriptions and arguments of Gap evidence Nos. 1 through 4, the defendant had been living in the apartment of this case owned by the plaintiff while maintaining a de facto marital relationship from January 2, 2015 with the plaintiff's father C, and thereafter a de facto marital relationship between the defendant and C was extinguished. Accordingly, the defendant can recognize the fact that he left the apartment of this case around January 25, 2018, and according to the above facts of recognition, the purpose of the plaintiff's petition was already realized as of the date of closing argument of this case.

As such, the lawsuit in this case is unlawful as there is no benefit of lawsuit.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.