1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Basic facts

A. On May 9, 2003, C entered into a sales contract on behalf of the deceased E (hereinafter “the deceased”) with the content of purchasing the land and buildings owned by the deceased.

(hereinafter referred to as the “instant contract”). The instant contract (Evidence A No. 11) states that the subject matter to be sold is “Bongsan-gu, Busan-gu, F.9 square meters and 2nd floor buildings on the ground.”

B. D, according to the instant contract on May 13, 2003, completed the registration of ownership transfer for the real estate listed in the separate sheet (hereinafter “F land”) owned by the deceased, and the building listed in paragraph (2) for sale on the 6th day of the same month.

(The contract of this case is written on May 9, 2003 by the contract date, but it seems that the registration of ownership transfer is completed according to the above contract).

D On December 12, 2005, a sales contract was concluded between the Plaintiff (former name: G) and the Plaintiff for sale of F land and buildings.

Accordingly, the plaintiff completed the registration of transfer of ownership on F land and building on the same day.

(A) The evidence No. 5 is written by the contractor on December 12, 2006, but it appears to be a clerical error.

Since March 28, 2016, the Plaintiff sold F land and buildings to H, and completed the registration of ownership transfer concerning the above land and buildings.

E. Meanwhile, the Deceased occupied and used F land and buildings from August 9, 200, which was transferred to F building, to January 11, 2012.

After the death of the deceased, the Defendant, the wife of the deceased, occupied and used the above land and buildings.

[Ground of recognition] Facts without dispute, Gap evidence 5, 11, Eul evidence 2 and 3 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff owned F land and buildings from December 12, 2005 to March 27, 2016.

However, the defendant and the deceased have occupied F land and buildings without authority during the above period and leased buildings to a third party.