1. The plaintiff's claim is dismissed.

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

1. The main point of the Plaintiff’s cause of the claim is that the Defendant is the owner of the building on the ground (hereinafter “instant building”) of 62 square meters in Seocho-si, Seocho-si (hereinafter “the instant land”), and thus, the Plaintiff, the owner of the instant land, is obligated to remove the said building, deliver the site, and return unjust enrichment for occupying and using the said land without title.

Preliminaryly, even if the legal superficies against the above building is recognized, the defendant is obligated to pay the land rent to the plaintiff for the possession and use of the above land.

2. In full view of the facts stated in No. 1 and the purport of the entire pleadings, the fact that the Plaintiff is the owner of the instant land is recognized.

However, the defendant purchased the above building from D, which is the former owner of the building of this case, and did not complete the registration of ownership transfer for the land building of this case, is not in dispute between the parties, and even the transferee of unregistered building cannot acquire the ownership of the building unless he has completed the registration of ownership transfer (see Supreme Court Decision 2005Da41153, Jul. 10, 2008). Thus, the plaintiff's assertion based on the premise that the defendant is the owner of the building of this case is without merit.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.