1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

1. Facts of recognition;

A. In the process of the instant construction project, around 2004, the same building construction company started the construction of the same ice World on its ground with the consent of the owners as to the site of 12 lots, including 23,688/37,700 square meters of 955-4 square meters, Yong-dong, Busan, Yong-dong (hereinafter “instant site”).

F. On June 30, 2004, Filisan Construction Co., Ltd. leased each movable property indicated in the separate sheet (hereinafter “instant temporary material”) which is necessary for the structural construction from the Plaintiff, a company engaged in the business of leasing temporary materials for construction, etc., on July 1, 2004, under a subcontract for the structural construction during the said construction, and suspended construction while performing the structural construction from the fourth to the first floor above the ground.

ELSN Co., Ltd. was awarded the instant land in the auction procedure and completed the registration of ownership transfer in its name on August 3, 2009. The Defendant purchased the instant land from ELSN and completed the registration of ownership transfer in its name on June 23, 201.

B. At the time of the Defendant’s purchase of the instant site as a result of the instant lawsuit for delivery of the temporary materials, the instant temporary materials were attached to the underground wall, floor, ceiling, etc. of the ice World, the construction of which was suspended, or were loaded retroactively on the floor.

The Plaintiff requested the Defendant to deliver it to the Defendant as the owner of the temporary materials of this case, but the Defendant refused to deliver it by asserting that it received the ownership transfer of the temporary materials of this case while purchasing the site of this case.

Accordingly, on October 19, 2011, the Plaintiff filed a lawsuit against the Defendant for the delivery of the temporary materials of this case based on ownership, and the Defendant asserted that the ownership exists on the ground of bona fide acquisition, etc. However, the Plaintiff’s assertion was accepted, and eventually, the Defendant’s dismissal of the appeal by the Supreme Court on May 23, 2013 is based on the instant provisional materials to the Plaintiff.