1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. A number of stores are located in the second floor above the ground of 1623m2 (hereinafter “instant land”) in Busan Northern-gu E, 1623m2 (hereinafter “instant land”) (a lighting F, hereinafter “G building”).

B. Of the instant land, the Defendant completed the registration of ownership transfer on March 31, 1987 with respect to the 100/49120 shares and the 17.16 square meters of 17.16 square meters of the 2nd floor and 17.16 square meters of the 17.16 square meters of the 2nd floor (hereinafter “instant building” or “the 1st floor and 2nd floor store”).

C. The instant building is divided into the 1st floor store and the 2nd floor store as above, but it is not registered as a subdivision D of the partition in G building in the register without registration of partition.

On February 1993, the defendant sold the second floor store of this case to the non-party H, and delivered the documents necessary for the registration of transfer of ownership.

E. Although Nonparty H did not purchase the first floor store of this case, it completed the registration of ownership transfer on March 4, 1993 with respect to all of the 100/49120 shares out of the land of this case and the first floor store and the second floor store of this case on the ground of sale on February 23, 1993.

F. Nonparty H completed the registration of ownership transfer on December 19, 1994 (hereinafter “the registration of ownership transfer”) with respect to the Plaintiff’s 500/49120 shares of the instant land and the 1/2 share of the instant 1st floor store (Provided, That the instant 1st floor store and 2nd floor store are not registered as a sectioned building, and thus the Plaintiff’s 1/2 share of the entire building was registered as a sectional building).

[Ground of recognition] Facts without dispute, entry of Eul in the evidence of Nos. 1 to 4 (including the provisional number) and the purport of the whole pleadings

2. The plaintiff's assertion is the owner of the first floor store of this case, and the defendant occupies and uses the above store without permission. Thus, the defendant is obligated to deliver the above store to the plaintiff.