1. Attached list to the Plaintiff

2. To deliver the recorded real estate.

2. The plaintiff's remaining claims are dismissed.

1. Indication of claim;

A. The plaintiff shall list the attached list

1. The indicated real estate (hereinafter referred to as “instant land”) and the list on the ground attached thereto;

2. On July 14, 2017, the registered real estate (hereinafter “instant building”) was awarded a successful bid on July 14, 2017 and completed the registration of ownership transfer in the name of the Plaintiff on July 18, 2017.

B. The defendant currently occupies the building of this case.

C. Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The ground for partial dismissal of the Plaintiff asserted that the Defendant also occupied the instant land, and sought a transfer of the instant land against the Defendant.

However, since a building cannot exist regardless of its site, the land which became the site for the building shall be possessed by the owner of the building, and in this case, even if the owner of the building does not actually occupy the building or its site, it shall be deemed that he/she occupies the site for the ownership of the building.

(See Supreme Court Decision 2002Da57935 Decided November 13, 2003, etc.). Even if a person who is not a title holder of a building actually occupies the building, he/she shall not be deemed a person who occupies the building’s site.

(2) In light of the aforementioned legal principles, the Plaintiff owned the instant building and occupied the instant land, which is its site. As such, the Plaintiff’s claim for the delivery of the instant land on the premise that the Defendant occupied the instant land is groundless.