A. C completed the registration of ownership transfer on October 17, 1951 with respect to the land listed in [Attachment 1] List on April 15, 197 (hereinafter “instant land”), and B completed the registration of ownership transfer on the instant land from December 23, 1985 by reason of sale from C on December 21, 1985.

B. On February 5, 2018, the Plaintiff completed the registration of ownership transfer for the instant land from February 5, 2018 due to public sale on the same day.

다. 이 사건 토지 중 별지2 도면 표시 ①, ②, ③, ④, ⑤, ⑥, ⑦, ⑧, ⑨, ⑩, ①의 각 점을 순차로 연결한 선내 ㈎ 부분 지상 건물(이하 ‘이 사건 건물’이라 한다)은 미등기무허가 건물로서 1976. 4. 이전에 건축되었는데, 피고는 제3자로부터 위 건물을 매수하여 위 건물에서 거주하면서 이를 사용수익하고 있다.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination

A. A person who is in possession of a building unregistered as to the cause of the claim after being transferred from the original acquisitor of the ownership, even if the owner failed to make the registration of acquisition of ownership, is in a position to legally or factually dispose of the building in possession within the scope of his/her right, and the landowner who is unlawfully occupied due to the existence of the building can seek removal thereof from the owner of the building as above.

(See Supreme Court Decision 87Meu3073 delivered on February 14, 1989). Accordingly, according to the above facts of recognition, the Defendant is obligated to leave the instant building to the Plaintiff and remove the instant building, barring any special circumstances.

In addition, the transferee who acquires unregistered buildings and holds de facto disposal rights over the building site can also be seen as possessing the building site (see Supreme Court Decision 2002Da57935, Nov. 13, 2003). The defendant is de facto in relation to the building of this case.