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. Determination as to the cause of claim

A. According to the facts without dispute over recognition, Gap evidence 1-1 through 3, and Eul evidence 1-1-2, and the purport of the whole pleadings, the plaintiff completed the registration of ownership transfer on October 31, 2016 as to 1/2 shares among reinforced concrete located in Nam-gu Busan and housing of three cement brick sloping roof (hereinafter "building in this case") located in Nam-gu, Busan, and became co-ownership of 1/2 shares with the defendant. The defendant can each recognize the fact that he was paid the difference of eight million won from the lessee of the building in this case from October 31, 2016 to May 7, 2017.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Civil Act from June 16, 2017 to November 29, 2017, the date when the Plaintiff acquired the ownership of the building of this case, to May 7, 2017, 4 million won, which is paid by the lessee of the building of this case from October 31, 2016 to May 7, 2017, and the following day when the duplicate of the complaint of this case was delivered to the Defendant.

The Plaintiff asserts that, from March 8, 2016 to May 7, 2017, the Defendant received KRW 32,600,000 in addition to the above KRW 8 million from March 8, 2016 to May 7, 2017, the said money should be paid to the Plaintiff.

However, even if the Plaintiff purchased the instant building shares, as long as the registration of ownership transfer was not completed, it cannot be deemed to be an external owner, and thus, the Defendant’s ownership is based on the period before October 31, 2016.