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. In the first instance court, the Plaintiff sought the execution of the procedure for the registration of ownership transfer for the restoration of real name with respect to the building listed in the table No. 2 in the list No. 2 (hereinafter “instant building”) from the primary claim against the Defendant. ② The Plaintiff sought to remove the instant building and deliver the land listed in the table No. 1 (hereinafter “instant land”). The first instance court dismissed the Plaintiff’s primary claim and accepted the preliminary claim.

In this regard, the defendant only appealed against the conjunctive claim, and the subject of this Court's trial is limited to the conjunctive claim.

2. Basic facts

A. The network D (hereinafter “the network”) completed the registration of ownership transfer on May 10, 1962 on the instant land by reason of sale and purchase on May 1, 1949.

B. On September 21, 1978, the Deceased completed the registration of initial ownership of the instant building constructed on the ground of the instant land, and the Defendant completed the registration of initial ownership on September 25, 1979 on the ground of sale on September 24, 1979.

C. On January 23, 2005, the Deceased died and his heir was his spouse E, children, the Plaintiff, the Defendant and F, G, H, I, and J. The heir entered into an agreement on the division of inherited property (hereinafter “instant agreement”) with the purport that “the instant land shall belong to the Plaintiff” around May 2005.

The plaintiff completed the registration of ownership transfer on August 5, 2005 on the land of this case on the ground of the consultation of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, Eul evidence Nos. 2, 5, 7, testimony of witness of the first instance court and the purport of the whole pleadings

3. Determination on the conjunctive claim

A. According to the above facts of recognition as to the cause of the claim, the defendant owned the building of this case and occupied the land of this case.