1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 18, 2010, M&C Co., Ltd. (hereinafter “S&C”) completed the registration of ownership preservation on the real estate stated in the separate sheet (hereinafter “instant real estate”), and the same year.

30. Conclusion of a real estate security trust contract with the plaintiff as the trustee:

4. 20. The Plaintiff completed the registration of ownership transfer with respect to the instant real estate on the ground of the said trust contract.

B. On February 1, 2010, B concluded a sales contract with the non-party company for the purchase of the instant real estate, and transferred KRW 20,618,450 to the account under the name of the defendant on the same day.

C. On June 30, 201, B: (a) purchased the instant apartment in lots to the Plaintiff, and paid KRW 20,618,450 to the non-party company as the down payment; (b) due to the occurrence of the defect in the instant apartment, the Plaintiff sought the termination of the sales contract, but did not receive the said amount; and (c) accordingly, (d) drafted a transfer/acquisition certificate to the effect that the said right

The Plaintiff, along with his father, moved into the instant real estate and began to reside therein.

E. On January 22, 2016, the Defendant filed a lawsuit seeking delivery of a building with the Plaintiff and the Plaintiff’s attached C, as the Busan District Court Branch Branch Decision 2015da107603, and the said court rendered a judgment dismissing the Defendant’s claim to the effect that the Plaintiff and C occupied the instant apartment with the consent or consent of the buyer of the instant real estate, thereby having a legitimate possessory right.

F. On January 13, 2016, the Defendant entered into a sales contract with D with respect to the instant apartment, and completed the procedure for the registration of ownership transfer on February 12, 2016.

During that process, C and the Plaintiff were residing in the apartment in the instant apartment on February 12, 2016 and did not claim ownership and right of possession against the seller, the Defendant and the purchaser D notwithstanding the results of the judgment above.