1. The appeal against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) and the change in exchange at the trial.

1. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the claim on the principal lawsuit

A. As seen above, the registration of ownership transfer in the Plaintiff’s name was completed in relation to the instant resignation of the instant building, and the registration of ownership transfer in the Plaintiff’s name was completed in relation to the instant housing. Since the fact that the Defendant occupied the instant building does not conflict between the parties, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff as its owner, barring any special circumstance.

나. 피고의 주장 및 이에 관한 판단 1) 피고의 주장 가) D에 대한 제사 주재자인 피고는 민법 제1008조의3에 따라 이 사건 건물을 단독으로 승계하였고, 조선시대 예법의 전통이 된 주자가례(朱子家禮) 제1권 통례에 의하면 제사용 재산은 주제자손(主祭子孫)이 단독 승계하도록 정하고 있는 점 등에 의하면, 이 사건 건물은 D의 적법한 제사 주재자인 피고의 소유라고 할 것이고, 따라서 원고의 이 사건 건물 인도 청구는 이유 없다.

B) The Plaintiff did not set a period to prohibit the removal of D, and the Defendant still occupied and used the instant building in conformity with D’s intended use, such as setting the removal of D’s intention. As such, there is no obligation to return the instant building. (2) The Civil Act Article 1008-3 of the judgment on whether the Defendant solely succeeds to the instant building provides that “The ownership of the instant forest land within the scope of one information pertaining to tombates, the farmland located within the scope of 600 square meters, the farmland located within the 600 square meters and the farmland located within the 600 square meters and the farmland located within the flusium shall be succeeded to by the person who presides over the removal.” This is essentially an inheritance, and therefore, the succession of the property for the use of the instant