건물명도
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
1. Comprehensively taking account of the descriptions of evidence No. 2 and the purport of the entire pleadings, the fact that the registration of preservation of ownership in the Plaintiff’s name was completed on January 10, 2014 upon the commission of the registration of provisional attachment entry by the order of provisional attachment against real estate (No. 2013Kahap1239, Jan. 9, 2014) with respect to the buildings listed in the attached list (hereinafter “instant building”) as indicated in the attached list No. 2 may be recognized, and the fact that the Defendant currently occupies the instant building.
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The instant building’s assertion satisfies the requirements as a building before August 25, 2008. At that time, the name of the building owner was E, and thereafter, on August 25, 2008, the name of the building owner was D and Sejong Construction Co., Ltd. (hereinafter “Seoyang Construction”).
(2) On June 14, 2012, the Plaintiff purchased the instant building from D and Sejong Construction, and completed the change of the name of the building owner on April 24, 2013, and on January 10, 2014, the registration of ownership preservation was completed in the Plaintiff’s future on the instant building. Therefore, the Plaintiff is the owner of the instant building, and the Defendant is liable to deliver the instant building to the Plaintiff. 2) Since the Plaintiff is the owner of the instant building, the Defendant is not the owner of the instant building, but is F, and the Defendant was granted the right to occupy the instant building from F.
B. 1) We examine the following. Since the ownership of a newly built building is the original acquisition by the person who constructed it, if the title holder of the registration of ownership of the building does not have newly constructed it, the presumption of right to the registration is broken, and if the title holder does not have to prove the fact that he/she has lawfully acquired the ownership of the building (see Supreme Court Decision 95Da30734, Jul. 30, 1995). In addition, when the registration of an unregistered building is filed, the registration of ownership preservation should be made in the future of the original acquisitor, and the registration of ownership transfer should be made in the future of the transferee. However, it is between the original acquisitor and the successor.