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

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

3...

1. Basic facts

A. The Plaintiff owns real estate listed in the separate sheet from January 29, 2016 (hereinafter “instant apartment”).

B. The Plaintiff’s ASEAN is a couple who completed a marriage report with the Defendant on February 28, 2018.

C. At the time of the above marriage, the plaintiff agreed that the plaintiff resided in the apartment of this case for the economic situation of the married couple and for the stable marital life of the married couple. Accordingly, the defendant currently occupies the apartment of this case.

On the other hand, C and the defendant disputed each other.

C On June 11, 2019, on June 11, 2019, a lawsuit against the defendant for divorce, etc. is pending.

Seoul Family Court 2019ddan52313) [Grounds for Recognition] The fact that there is no dispute, which is significant to this court, Gap evidence Nos. 1 through 8, Eul evidence No. 2 (including each number, hereinafter the same shall apply), and the purport of the whole pleadings.

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to deliver the apartment of this case to the plaintiff according to the plaintiff's claim for return of ownership, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The summary of the argument ① The Plaintiff consented to the use of the apartment of this case to the Defendant.

The consent of use is the same as allowing the general public to use the land.

In addition, the loan for use between the plaintiff and the defendant is not terminated because the loan for use between the plaintiff and the defendant had a relation of loan for use.

② The Plaintiff’s lawsuit is an abuse of rights or a violation of the good faith in light of the following: (a) the Defendant did not comply with C’s request for divorce; and (b) the Plaintiff brought the instant lawsuit in order to enforce the divorce by pressureing the Defendant by forcing C, which is one of them.

B. We examine the following circumstances, which are acknowledged by the Defendant’s above-mentioned facts regarding the Defendant’s assertion No. 1, based on the overall purport of the pleadings, the period for the instant apartment between the Defendant and C.