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(영문) 서울중앙지방법원 2016.08.23 2015가단209741
건물인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion asserts that the Plaintiff, who is an unauthorized building, purchased the instant building from D around 2002, the former owner of the building, and acquired the ownership of the instant building. As such, the Defendant, who is an unauthorized occupant of the instant building, is obligated to deliver the instant building to the Plaintiff.

2. The buyer of an unregistered building cannot acquire ownership of the building unless the registration of ownership transfer is completed, and cannot be said to have a customary real right equivalent to ownership, and it is difficult to recognize a comprehensive right or legal status under the current law as a de facto ownership.

In light of the above legal principles, it cannot be deemed that the Plaintiff acquired ownership of the instant building solely on the grounds that the Plaintiff had not completed the registration of ownership transfer as an unauthorized building for which the instant building had not been registered and that the Plaintiff had not completed the registration of ownership transfer.

Therefore, the plaintiff's assertion that the plaintiff is the owner of the building of this case is without merit.

3. The plaintiff's claim is dismissed as it is without merit.

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