1. The defendant shall be the plaintiff.

(a) Indication on the register of a building as stated in Attachment 3: listed in Attachment 2.

1. Facts of recognition;

A. On March 15, 2010, C completed the registration of ownership transfer on March 10, 2010 with respect to the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) and the building listed in paragraph (2) of the attached Table No. 2 (hereinafter “former building”).

B. C around August 22, 2011, removed the previous building and newly constructed a building listed in attached Table 3 (hereinafter “instant building”) on the ground of the instant land, but did not complete the registration of destruction or loss of the previous building or the registration of preservation of ownership of the instant building.

C. The Defendant completed the registration of ownership transfer on May 20, 2013 with respect to the instant land on the ground of donation on March 19, 2013. However, on August 12, 2015, the procedure for compulsory auction on the instant land was commenced (this court D), and the Plaintiff purchased the instant land at the auction procedure on January 6, 2016, and completed the registration of ownership transfer under the Plaintiff’s name on January 25, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7, fact inquiry results about the head of this court's cultivation, the purport of the whole pleadings

2. Determination as to the cause of action

(a) Removal of a building and removal of a building for delivery of a land are acts constituting a final disposition of ownership, and thus, in principle, the owner of the building has the right to remove and dispose of the building only. However, a person who purchased and occupies the building shall not yet have the title of registration as the owner on the register;

Even if the land owner is in a position to legally or factually dispose of the building in possession within the scope of his/her right, and is illegally occupied due to the construction of the building, he/she may seek removal from the building occupant in such position.

(Supreme Court Decision 86Meu1751 delivered on December 23, 1986). In this case, registration of preservation of ownership or registration of ownership transfer was completed in the name of the defendant with respect to the building in this case.