The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion sold the land listed in the attached Table 1 (hereinafter “instant land”) during the auction procedure, and the machinery listed in the attached Table 2, which was owned by the Defendant, the previous lessee of the building at the ground of the instant land (hereinafter “the instant machinery”) exists on the ground of the instant land, and the Plaintiff did not receive delivery of the instant land.

Therefore, the Plaintiff seeks to transfer the instant land to the Defendant and remove the instant machinery.

B. The Plaintiff filed each of the instant claims on the premise that “the Defendant occupied, used, and obstructed the Plaintiff’s use of the instant land as the owner of the instant machinery existing on the instant land.” As such, the Plaintiff bears the burden of proving that the Defendant occupied, owned, and owned the instant machinery.

In this case, it is difficult to find that the evidence presented by the Plaintiff alone is possessed by the Defendant, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the respective descriptions, images, and arguments of evidence Nos. 8, 10, and 11, in the Daejeon District Court’s case of the Daejeon District Court’s Seoan Branch C, on March 11, 2020, an execution officer prepared a real estate non-delivery protocol to the effect that “one is located only inside the ground factory of this case,” and thereafter, the Plaintiff transferred the instant machinery to the Northwest-gu D building in the Yanan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu., the Plaintiff transferred the machinery to the Northwest E-ri part.

As asserted, it can be acknowledged that the location of the instant machine is currently being changed by the Plaintiff, which is the fact that the Defendant has occupied the instant machine.

It constitutes an difficult circumstance.

Therefore, the plaintiff's assertion cannot be accepted.

2. Conclusion