The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of the grounds for appeal (legal scenarios) since it cannot be viewed as the owner or possessor of a store or the person to whom the authority is delegated by the owner or possessor of the store, the defendant shall be deemed to leave D; and

It shall not constitute a crime of non-compliance with the eviction because he/she has not complied with the Gu.

2. Determination

(a) A crime of non-compliance with the eviction under Article 319 (2) of the Criminal Act shall be committed, or a crime of de facto peace of a building, room, etc. shall be committed, which is protected by the law, and shall be committed from residents or

It shall be established if the Gu does not comply with it;

(See Supreme Court Decision 2015Do4048 Decided December 10, 2015). Although a lessee has a legitimate authority to reside, management and possession with respect to a residence, etc., it is not possible to become a resident or an occupant (see, e.g., Supreme Court Decision 2006Do1890, Jan. 17, 2008). As a result of the termination of a lease agreement, even if the lessee was requested by the lessor to deliver the leased object, such demand for delivery does not lose the lessee’s right to residence or management and possession of the leased object.

B. The record reveals the following facts.

1) L Co., Ltd. (hereinafter “L”)

A) On January 6, 2014, a store with Seoul Meart part of 6 square meters (hereinafter “instant store”) in the history of Seoul subway 2 line C (hereinafter “instant store”) between Seoul Meart and Seoul Meart.

A) All of the 50 subway stations, each of which is 300 square meters in total (hereinafter collectively referred to as “the leased object of this case”), among the 50 subway stations stations and 300 square meters in total.

(2) On the other hand, L was supplied to K on December 26, 2013, prior to the conclusion of the instant lease agreement, with K to install and operate a book sales store from January 6, 2014 to April 5, 2019. Meanwhile, the instant lease agreement was concluded with K to distribute profits by taking charge of operating and managing the leased object of this case.