1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

1. Comprehensively taking account of the overall purport of the pleadings in the descriptions Nos. 1, 3, and 5, and Nos. 15-3 and 4, the Plaintiff may recognize the fact that the Plaintiff completed the registration of ownership transfer on May 2, 2014 with respect to the real estate listed in the separate sheet (hereinafter “instant officetel”), and that the Defendant is residing in the instant officetel from April 5, 2015.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant officetel to the Plaintiff, the owner of the instant officetel.

2. The defendant asserts that there is a legitimate right to occupy and use an officetel, since C resides with the permission of use from C, the lien holder of the instant officetel, and this is for C to maintain the occupancy status of the officetel.

Article 324(2) of the Civil Act provides that a lien holder shall not use, lend, or offer a security without the consent of a debtor, except for the use necessary for the preservation of an object in custody. Here, “debtor” appears to have taken into account only the case where the owner of an object is the debtor, and thus, a person who may accept the case where the debtor and the owner are not the same person shall be construed as only the owner. The “loan

In this case, since April 5, 2015, after the Plaintiff acquired ownership of the instant officetel, the fact that the Defendant resided in the instant officetel from around April 5, 2015 is as seen earlier, and the fact that the Defendant did not receive separate instructions from C in relation to residence does not conflict between the parties. Thus, the Defendant may be deemed to have independently occupied and used the instant officetel, not the possession assistant of C.

(see, e.g., Supreme Court Decision 2012Da3289, Jun. 13, 2013). However, there is no evidence to acknowledge that C consented that the Plaintiff had the Defendant reside in the instant officetel, and this is against C.