건물명도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court’s explanation concerning this case is as stated in the part of the first instance judgment, except for the addition of the following judgments, following the third part of the seventh part of the judgment of the first instance, thereby citing this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
【Supplementary Note: [A] The plaintiff who acquired the building of this case from Ghana, sold the building of this case to G during the litigation of this case, and completed the procedure to change the name of the owner into G. The plaintiff asserts that he lost ownership of the building of this case and that he did not have the right to claim the delivery of the building of this case and the return of unjust enrichment against the defendant.
Even if a transferee of an unauthorized building not yet registered, he/she cannot acquire ownership of the building unless the registration of ownership transfer is completed, and cannot be deemed to have a customary real right equivalent to ownership (see, e.g., Supreme Court Decision 2016Da21483, 214490, Jul. 29, 2016). Even if G completed the procedure for changing the name of the owner after purchasing the building of this case as alleged by the Defendant, as long as the registration of ownership transfer as to the building of this case was not completed, the ownership of the building of this case still remains to be owned by the Plaintiff as the original acquisitor. Accordingly, the Defendant’s assertion on a different premise is without merit.
2. In conclusion, the judgment of the court of first instance that accepted the Plaintiff’s claim of this case is justifiable, and the Defendant’s appeal is dismissed as it is without merit. It is so decided as per Disposition.