1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In order to each point of Annex 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, and 22 on land of 180 square meters in Bocheon-si, C, and there is a house for reinforced concrete building (hereinafter “instant house”) in the part of the ship (c) which connects each point, and the Defendant is residing in the instant house.

B. On May 10, 2005, the Plaintiff concluded a sales contract with D to purchase the instant housing amounting to KRW 30,000,000 from D.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff acquired ownership by newly constructing the instant house and purchasing the said house from D who acquired the ownership at the original time.

However, since the defendant without permission interferes with the plaintiff's ownership in occupying the house of this case, the defendant is obligated to deliver the house of this case to the plaintiff.

B. Determination 1) Even if a transferee of an unregistered building without permission fails to obtain the registration of ownership transfer, the ownership of the building cannot be deemed to have been acquired unless the registration of ownership transfer is completed, and there is no customary real right equivalent to ownership to the transferee of such building. Thus, a person who newly constructed the building and purchased the building from the original acquisitor of the ownership but fails to complete the registration of ownership transfer cannot directly request the owner of the building to surrender the building based on his own ownership, etc. (see Supreme Court Decision 2007Da11347, Jun. 15, 2007) (see Supreme Court Decision 2007Da11347, Jun. 15, 2007).