1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. On November 8, 1988, the Defendant, as the head of Songpa-gu Office at the time of the Plaintiff’s assertion, agreed to transfer the ownership of each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Plaintiff on the compensation for the removal of the building without permission on the first floor of Songpa-gu Seoul J (hereinafter “instant unauthorized building”) on the ground of November 8, 198.

Nevertheless, the Defendant did not perform the duty of ownership transfer registration pursuant to the above indemnity agreement with respect to the instant real estate, and caused H and his employees to illegally occupy the instant real estate.

Therefore, the defendant is obligated to implement the procedure for the registration of ownership transfer for the real estate of this case to the plaintiff, to leave H and his employees from each of the above real estate, and to deliver the above real estate to the plaintiff.

2. The testimony of the witness E of the first instance trial is insufficient to recognize that the Defendant concluded the pertinent compensation agreement to transfer the ownership of the instant real estate to the Plaintiff on November 8, 1988 by compensating the Plaintiff for the removal of the instant unauthorized building, and there is no other evidence to acknowledge this.

(O) According to each of the statements in Gap evidence 1-1 to 3, Gap evidence 2, Eul evidence 5, Gap evidence 7, Eul evidence 8, Eul evidence 19-21, Eul evidence 1-2-3, the plaintiff received 1,904,400 won as compensation for losses for the building without permission of this case from Seoul Special Metropolitan City around October 198, and one million won as compensation for the right of operation of the plaintiff's house operated on November 1, 1988, and around September 1, 198, the plaintiff received 607 Dong1302-2 from the plaintiff's K Apartment apartment 607, Dong 1302-7, Seoul Special Metropolitan City as compensation for the building without permission of this case). Accordingly, the plaintiff's claim under the premise that the above compensation agreement was concluded between the plaintiff and the defendant.