1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The plaintiff's assertion that the plaintiff purchased the building in Gangnam-gu Seoul, Seoul (hereinafter "the building in this case") from C on April 27, 2005, which is an unauthorized building, and acquired the right to the real estate in this case. Thus, the defendant who occupied the building in this case without permission is obligated to deliver the building in this case to the plaintiff.

2. Determination

A. First, as to whether the Plaintiff can directly seek delivery of the building of this case, even if the assignee of the building without permission is unable to acquire ownership of the building unless the registration of ownership transfer has been completed (see Supreme Court Decision 94Da53006, Jun. 14, 1996). The building of this case is an unregistered building, and there is no dispute between the parties that the Plaintiff did not receive the registration of ownership transfer, and thus, the Plaintiff cannot seek delivery of the building of this case directly against the Defendant.

B. Next, as to whether the Plaintiff has the right to seek delivery of the building of this case, there is insufficient evidence to acknowledge whether the other party to the contract that the Plaintiff purchased the building of this case is the owner of the building of this case or at least the owner of the building of this case, and there is no other evidence to acknowledge it. Thus, even if the Plaintiff was agreed to give payment of KRW 30 million to C and to waive all rights to the building of this case, such circumstance alone cannot accept the Plaintiff’s claim of this case.

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just as it is concluded, and the plaintiff's appeal is dismissed.