부동산인도 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 2, 2017, the Plaintiff completed the registration of ownership transfer with respect to E large 56 square meters in Gunsan-si.
B. The instant building is an unauthorized building and there is no building ledger, and only the tax ledger exists.
On June 2, 2017, the Plaintiff acquired the instant building on June 2, 2017 in the tax ledger of the instant building.
(F) The owner of the electric utility shall be the F). [Grounds for recognition] The fact that there is no dispute, each entry in Gap evidence 1 to 2, the purport of the whole pleadings.
2. Determination:
A. The gist of the Plaintiff’s assertion was that the Plaintiff purchased the instant building from F, and was registered as the owner in the instant tax ledger.
Since the Defendants possessed the pertinent part of the instant building without permission, they are obligated to deliver the pertinent part of the instant building to the Plaintiff, the owner of the instant real estate, and return unjust enrichment equivalent to the rent due to unauthorized occupation.
B. Even a transferee of an unregistered building cannot acquire ownership of the building unless the registration of ownership transfer is completed, and it is difficult to recognize any comprehensive right or legal status, such as the de facto ownership under the current law or the right to use, profit-making and disposal equivalent to ownership.
(see, e.g., Supreme Court Decision 2013Da51780, Sept. 26, 2013). Therefore, even if the Plaintiff acquired the instant building from F entered in the tax ledger of the instant building from F, insofar as the Plaintiff did not complete the registration of ownership transfer in the future, it cannot be deemed that the Plaintiff acquired the ownership of the instant building unless the Plaintiff completed the registration
The plaintiff's above assertion based on the premise that he is the owner of the building of this case is without merit.
3. The plaintiff's claim is dismissed as it is without merit.