The judgment of the first instance shall be revoked.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On March 15, 2007, the instant land was originally owned by F, which was originally owned by the Defendant, and F completed the registration of transfer of ownership on the ground of donation to G, Chocheon-si on March 15, 2007 (the grounds for registration was the self-donation on March 13, 2007).

B. On July 29, 2016, the above G obtained a loan from the LAB to set up a collateral security with respect to the instant land to H. However, the LAB was decided to commence a voluntary auction on December 26, 2017 with respect to the said land, and the Plaintiff acquired the ownership of the instant land on August 31, 2018 through the voluntary auction procedure.

(c)

According to the entry in the general building ledger, the land of this case was deemed to exist as follows. However, the main features, such as the use, structure, size, etc. of the relevant building are as stated in the annexed real estate list (hereinafter referred to as “instant claim building”) and the above building ledger are stated as being registered by the Defendant as its owner in 1976.

(d)

On July 23, 2019, the Plaintiff, against the Defendant, was determined to dispose of the gold price for the instant claim building (Seoul District Court Jinwon Branch Branch 2019Kadan 834). The Plaintiff completed the registration of the preservation of ownership in the name of the Defendant on July 25, 2019 upon the commission of the registration of provisional disposition.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff acquired the ownership of the instant land on August 31, 2019.

The Defendant owned the instant building without title on the instant land and occupied the instant land.

The Defendant is obligated to remove the instant building to the Plaintiff, deliver the instant land, and pay the amount of unfair profit equivalent to the rent calculated at the rate of KRW 500,000 per month from September 1, 2019 to the completion date of delivery of the said land.

(b).