1. Among the lawsuits for retrial of this case, the grounds for retrial under Article 451(1)6 of the Civil Procedure Act shall be dismissed.

2. This.

1. Basic facts

A. (1) The title relationship of the instant land and the instant building was acquired by F around 1926, and the registration of ownership preservation was completed on June 24, 2005 in the name of G, a F’s heir.

(2) Around 1973, the state (the body part of the office of administration) constructed a building listed in the separate sheet (which was constructed as indicated on the original registry but seems to have been reconstructed as indicated on the current status after it was constructed) in order to install a radio station on the ground of the instant land.

H Fishing village fraternity completed the registration of transfer of ownership in the name of H fishing village fraternity representative, after purchasing the instant building on June 19, 1989.

(3) On November 4, 2003, the Defendant entered into a contract to purchase the instant building in the name of J with H fishing village fraternity for KRW 61,700,000 for the purchase price (hereinafter “instant contract”) and completed the registration of ownership transfer on December 24, 2003 with respect to the instant building under the name of the Defendant. The terms and conditions of the instant contract include the following matters:

Since it is not registered as H fishing village fraternity on the land cadastre of Article 3, only the first floor, second floor, and other annexed buildings (ware, toilets) shall be traded.

Article 4 No land shall be sold or purchased to the defendant.

All kinds of compensation after the rent under Article 6 shall be limited to the land price and the defendant shall recognize only the building price.

With respect to the registration of land under Article 7, only the plaintiff may make a registration, and the defendant shall not make a registration.

B. The process and confirmation of the judgment subject to a retrial (1) G filed a lawsuit against the Defendant seeking removal of the instant building and return of unjust enrichment by the Changwon District Court Decision 2005Da30101 (main office).

Accordingly, the Defendant only purchased the instant building through the instant sales contract, but did not purchase the instant land, purchased all the instant building and land from H fishing village fraternity and possessed them as its owner’s intention.