1. The part against the plaintiff falling under the order to deliver below among the judgment of the court of first instance shall be revoked.

The defendant.

1. Facts of recognition;

A. After obtaining permission for extension (referring to 368.38 square meters of ground floor, 4.8 square meters of 1st floor, 259.57 square meters of 3rd floor, 4,235.71 square meters of 4,235.71 square meters of 4,235.71 square meters of 368.38 square meters of 1st floor, 368.8 square meters of 2nd floor, 3rd floor 1,259.57 square meters of 4,45.71 square meters of 4,235.71 square meters of 4,235.71 square meters of 4,235.71 square meters of 1st underground floor and 6th ground floor in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”), the Plaintiff completed the extended construction of 1st underground floor and 6th ground-based multi-family housing (hereinafter “the instant multi-family housing”) on the ground that it was constructed differently from the design drawings

B. From August 192, 1992, the Defendant occupied and used 505 of the instant building (attached Form Nos. 505, b, c, d and Ga, each point of which is successively connected, 97.8m2, hereinafter “instant apartment”).

[Ground of recognition] Facts without dispute, Gap 1, 2, 6 evidence, Gap 11-1-3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the above extension is an independent building independent of the existing building that can be an object of ownership separate from the existing building in terms of its physical structure, purpose, and function, and therefore, it cannot be deemed that the above extension complies with the existing building, and since the plaintiff acquired the ownership of the above extension portion in its original condition, it shall be deemed that the plaintiff acquired the ownership of the above extension portion in its original condition, the defendant is obligated to deliver the

3. Judgment on the defendant's assertion

가. 기판력 저촉 등 (1) 피고의 주장 ㈎ 원고가 1995년경 피고에게 이 사건 아파트를 임대차보증금 1,700만 원, 임대차기간 2년으로 정하여 임대하였다고 주장하면서 피고를 상대로 이 법원 2008가단4873호로 건물명도 소송을 제기하였는데 2008...