1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of this court's explanation is as stated in the judgment of the court of first instance, except for the parts cited or added in paragraph (2) below, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

(a) Forms 1 and 2 of the decision of the first instance court are as follows.

D. The Defendant continuously occupied each of the instant real estate by continuously keeping the entrance, etc. The Plaintiff, around November 9, 2017, obtained delivery of each of the instant real estate by executing a compulsory execution with the enforcement title of the judgment of the first instance court of the provisional execution declaration book.

(b) Forms 3 through 4 of the first instance judgment are as follows.

"In the absence of dispute", "In the absence of dispute, entry of Gap evidence 1 through 8, evidence of 12 through 17 (including each number for those with a serial number), images of Gap evidence 9, the purport of the whole pleadings"

(c) Forms 6 through 8 of the first instance judgment are as follows.

“A. According to the above facts, the permission for use of each of the instant real estate was revoked, and the effect of execution based on the judgment with a declaration of provisional execution is not conclusive, but is a condition subsequent to the appellate court to cancel the declaration of provisional execution or the judgment on the merits. Thus, in a case where the creditor obtains satisfaction upon the declaration of provisional execution, the validity of the claim should be determined without considering the result of execution when determining the merits in the appellate court (see, e.g., Supreme Court Decision 2011Da35722, Sept. 8, 2011). The defendant is obligated to deliver each of the instant real estate to the plaintiff, unless there are special circumstances.”

(d) Forms 4, 10, 5, and 11 of the judgment of the first instance court are as follows.

1) The Defendant shall enter into an agreement on the operation of each of the instant real estate.