1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Facts of recognition

Attached Form

The registered building (hereinafter referred to as the “instant building”) is an unregistered unauthorized building.

On July 18, 2015, Defendant B entered into a contract for the purchase of the instant building with H (the former part of the Plaintiff) that purchased the instant building from J (the former part of the Plaintiff). On September 11, 2015, Defendant B entered into a contract for the purchase of the instant building and was issued a certificate of completion of report to the head of the Gu on September 11, 2015. The Defendants thereafter occupy the instant building.

[Ground of recognition] The Plaintiff is the real owner of the instant building, which is the cause of the Plaintiff’s claim for the purport of the entire pleadings, as stated in the evidence Nos. 1 and 2, and the purport of the entire pleadings. Defendant B purchased the instant building from H without authority (Substantial J) and occupied it with Defendant C and D, one’s parent, without permission. As such, the Plaintiff seeks to transfer the instant building to the Defendants by exercising the right to claim the return based on ownership.

Judgment

A. Acquisition, loss, and transfer of real rights by a juristic act on real estate takes effect by registration (Article 186 of the Civil Act). Therefore, even if a transferee of an unregistered building does not complete the registration of ownership transfer, the ownership of the building cannot be acquired unless he/she completes the registration of ownership transfer, and it cannot be said that there is a customary real right equivalent to ownership. Therefore, the transferee of an unregistered building cannot claim the return

(See Supreme Court Decision 2016Da21483, 214490, Jul. 29, 2016, etc.). As seen earlier, the unregistered unauthorized building of the instant building is the same as that of the foregoing, and the Plaintiff claims that K purchased the instant building from K, and the Plaintiff is merely the transferee, not the original acquisitor of the instant building.

According to the above laws and legal principles, the Plaintiff cannot be deemed to have acquired the ownership of the instant building, and thus, the third party cannot directly exercise the right to claim the return of the object owned under Article 213 of the Civil Act against the Defendants.