1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment citing this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant adds the judgment as to the assertion newly raised by the court of first instance to this court, and thus, it shall be cited as it is in accordance with the main sentence of Article

2. Judgment on the defendant's assertion

A. The instant building for which the Defendant’s assertion was sought by the Plaintiff to change the name of the owner was now demolished and demolished.

Therefore, the instant lawsuit is unlawful as it has no profit.

B. According to the construction permit stated in the separate sheet, a building with the second and seventh stories underground (hereinafter “instant building”) was built on the instant land. However, the fact that the Plaintiff removed the ground part of the instant building is not a dispute between the parties.

The defendant invoked the purport of the Supreme Court Decision 75Da399 Decided September 14, 1976 that "if a building which is the object of sale is entirely destroyed, the buyer shall make a provisional registration on the building and the provisional registration on it is no longer effective, and barring any special circumstance, the buyer shall not make a claim for ownership transfer registration or ownership confirmation, barring any special circumstance." Thus, the defendant asserts that there is no benefit of lawsuit to seek ownership change in the building permit even in cases where a building which is the object of sale is destroyed or lost.

Although the ownership of the building is extinguished by the destruction of the building, there is a difference between the building permission and the building permission in that the effect of the building is not immediately extinguished because it was destroyed by the completed building which was under construction.

(Building permit is a permit to construct a building that does not exist, so the existence of a building according to the Building permit is not directly related to the validity of the Building permit).In the case of building permit, the building under construction has been removed.