The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. Each land indicated in the separate sheet (hereinafter “instant land”) was owned by E, the owner of each land indicated in the separate sheet (hereinafter “instant land”). As to the foregoing E, the bankruptcy procedure was commenced on June 6, 2017 by the Incheon District Court Decision 2016Hadan10404, and F was appointed as the trustee in bankruptcy.

B. The trustee in bankruptcy conducted the public sale of the instant land owned by E. The Plaintiff participated in the bidding on November 7, 2018 and was selected as a successful bidder, and entered into a real estate sales contract with the trustee in bankruptcy. On November 27, 2018, the Plaintiff completed the registration of ownership transfer on January 25, 2019 with the permission of the bankruptcy court.

C. However, at the time of the sale, the instant land had two floors of reinforced concrete sloping roof (hereinafter “instant building”) on the ground indicated in the attached drawing indicating “A”, and the said building is not registered on the building ledger.

Defendant B is the South Easterns of the above E, and the rest of the Defendants are the families of Defendant B, and the Defendants currently reside while occupying the building of this case.

[Ground of recognition] Facts without dispute, Gap's entries and videos (including additional numbers) of evidence Nos. 1, 2, 3, 4, 5, 13, 14, 17, 18, 3, and 3, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. (1) The Plaintiff’s assertion is a landowner who acquired the ownership of the instant land through the open sale procedure, and occupies the instant building and seeks the delivery of the land to the Defendants who occupied the instant land.

(2) First of all, we examine whether the Defendants occupied the instant land.

Since a building cannot exist regardless of its site, the land which became the site for the building shall be deemed to be possessed by the owner of the building, and in such cases, even if the owner of the building does not actually occupy the building or its site, the building site shall be deemed to be owned by the owner of the building.