1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

가. 원고는 피고의 작은형이고, C는 피고의 맏형이다

(hereinafter referred to as "three-dimensionals" in the event of a common name between the plaintiff and the defendant. (b)

The defendant's name is "the livestock shed of this case" in the name of the plaintiff below "the real estate listed in the attached Table, the registration of preservation of ownership of which was completed on October 16, 1997.

(i)the possession and operation of milch cows at present at this place. [The grounds for recognition: the absence of dispute, the entry of Gap evidence 1-1, 2, Eul evidence 1 and 4, and the purport of the whole pleadings.

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The livestock shed of this case is the real estate owned by the Plaintiff, which was newly constructed by the Plaintiff’s own funds, etc. and completed the registration of ownership preservation in the future of the Plaintiff. Since the Defendant without any title possessed it, the Defendant is obligated to deliver the instant livestock shed to the Plaintiff and return unjust enrichment equivalent to the rent after April 4, 2014, when the Plaintiff’s certificate of contents was served on the Defendant on April 2, 2014. (2) The Defendant livestock shed of this case, around 1995, prepared a three-dimensional fund for each stock farm and newly built real estate for joint operation in the name of the Plaintiff.

B. As long as the registration of ownership preservation of real estate has been completed, it shall be presumed that the title holder has ownership (see Supreme Court Decision 82Meu707, Sept. 14, 1982). However, since the ownership of a newly-built building is the original acquisition by the person who constructed it, if the title holder of the registration of ownership preservation of the building does not construct it, the presumption of the right to such registration is broken, and if the title holder does not build it, he/she must prove the fact that the title holder has lawfully acquired ownership.

(See Supreme Court Decision 95Da30734 delivered on July 30, 1996). Meanwhile, an association with the aim of running a joint business by several persons through mutual investment, is a real estate property.