1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 24, 2007, B entered into a sales contract with the future construction (i.e., Song-si Construction Co., Ltd.: Song Tourist Hotel; hereinafter referred to as “Saro Construction”) of Pyeongtaek-si Co., Ltd. (hereinafter referred to as “D”) and the second floor of Pyeongtaek-si E-si entertainment restaurants, second floor of entertainment restaurants, second floor of E-si entertainment restaurants, second floor of E-si 1, second floor of E-si 40.81 square meters (hereinafter referred to as “instant building”) for purchase price of KRW 60 million.

B. D was part of the original land of Pyeongtaek-si E (hereinafter “F”), and F was divided into E, C, and G land on May 8, 1998.

C. The instant building was located in D, and was constructed in a state where certain boundaries adjoining D with F.

However, unlike the present situation, the certified copy of the register of the building of this case is changed to Pyeongtaek-si E.

For this reason, B and future construction was stipulated as the special terms and conditions at the time of conclusion of the sales contract for the building D and the building in this case that the buyer bears the expenses for the registration of correction of the building. The documents necessary for the registration of correction shall cooperate with the seller.

E. B completed the registration of ownership transfer on October 12, 2007 and the building of this case.

The Plaintiff, as ASEAN, was donated the instant building from April 8, 2013, and completed the registration of ownership transfer on the instant building on April 9, 2013.

F. Meanwhile, on September 4, 2013, Suwon District Court rendered a decision to commence the voluntary auction of real estate as Suwon District Court H on September 4, 2013, and I purchased D on September 19, 2014 in the said voluntary auction procedure and completed the registration of ownership transfer on October 10, 2014.

G. I filed a lawsuit against B claiming that B owned the instant building on D without any title to use and benefit from D, and that B used the instant building, and sought removal of the instant part on D’s ground among the instant building (Ugu District Court Decision 2014Da46872, Jun. 19, 2015).