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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment citing this case is as follows, except where the court additionally determines the assertion that the plaintiff emphasizes in this court 2.
[Supplementary part] On the fourth and fourth pages 1 of the judgment of the court of first instance, the possessor may file a claim against the nominal owner for the implementation of the procedure for the registration of ownership transfer based on the completion of the acquisition by prescription, and the nominal owner is obligated to comply with this. Thus, even if the Defendant, the possessor, was not yet able to complete the registration of ownership transfer under his/her own name and did not acquire the ownership, the Plaintiff, who is the nominal owner, may not seek delivery of the real estate on the ground that he/she is illegal possession (see Supreme Court Decision 87Da1979, May 10, 198) and may not file a claim for return of unjust enrichment due to possession (see Supreme Court Decision 92Da51280, May 25, 1993).
The first instance court’s 4th page 7, “from that,” added to “after the date on which the Plaintiff acquired the ownership of the instant land.”
2. The plaintiff's argument regarding the plaintiff's assertion that even if the defendant purchased the building of this case in the state where the former owner had already been extended, since the former owner knew of the fact that the former owner violated the land of this case, such possession is an owner possession. Thus, the defendant's possession also constitutes an owner's possession. However, barring any special circumstance, such as the possessor's successor's own possession and the possession of the former owner, it cannot be viewed that the successor succeeds to the defect (Article 199 of the Civil Act). If the former possessor's possession is transferred to another owner, the former possessor's successor claims only his own possession, even if the latter possessor's possession is transferred to another owner.