2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. On July 27, 197, D, the husband of the Defendant, completed the registration of ownership transfer on the land for the farm land of 523 square meters in Kimpo-si, Kimpo-si (hereinafter “instant land”).

B. D (a) around March 1979, without obtaining a construction permit, newly constructed and owned a mentblue block and steel-frame roof multi-story housing (hereinafter “instant building”). A part of the instant building is located in the area of “bb” section 91 square meters in the ship (hereinafter “b” in this case”) that connects each point of the attached drawing Nos. 1, 2, 10, 9, 8, 7, and 1 among the instant land in sequence.

C. Since then, D transferred the instant building to the wife I, and I re-transfer the instant building to the Defendant, who was Nice on June 23, 2012.

On October 13, 2010, Kimpo Livestock Cooperatives completed the registration of the establishment of a neighboring mortgage on the instant land, and F in the voluntary auction procedure commenced by the aforementioned collateral security right, the land in this case was awarded a successful bid and completed the registration of the ownership transfer on the same day.

E. On April 26, 2016, the Plaintiff was awarded the instant land during the voluntary auction procedure and completed the registration of ownership transfer on April 29, 2016.

F. At present, the defendant is residing in the building of this case with the husband D.

[Ground of recognition] A without dispute; Gap evidence Nos. 1 through 5; Eul evidence Nos. 5-1 and 7; each fact inquiry result of this court's Kimpo-market; the result of the survey and appraisal conducted by the appraiser J of the first instance court; the purport of the whole pleadings

2. In the instant case where the Plaintiff seeking a decision on the Defendant’s main defense against the Defendant regarding the removal of the instant building and its transfer against the Defendant, the Defendant is not the owner of the instant building, and thus, the instant lawsuit cannot be a party to the instant lawsuit, and thus, is unlawful.

In a lawsuit for performance, the defendant's defense is without merit, since the plaintiff's person asserted as the person responsible for performance by the plaintiff has the eligibility as the defendant.

3. Determination A.