1. The defendant shall be the plaintiff.

(a) deliver 149.5 square meters per floor among the buildings listed in attached Table 1;

B. From May 1, 2017, the above paragraph A.

1. Facts of recognition;

A. On September 4, 2008, the Plaintiff, the Defendant, and C entered into an agreement as shown in attached Form 2, stating that they will build a new building and use it on the ground of the Nam-gu Busan Metropolitan City D & 520.2 square meters (hereinafter “instant land”) owned by the Plaintiff (hereinafter “instant agreement”).

B. After that, the Plaintiff newly constructed a building listed in attached Table 1 on the ground of the instant land (hereinafter “instant building”) and completed the registration of initial ownership on December 29, 2008.

The Defendant bears 110,00,000 won out of all the expenses incurred in the new construction pursuant to paragraph (2) of the instant agreement, and occupied and used the first floor of the instant building from September 4, 2008 to paragraph (3) of the instant agreement.

C. On October 14, 2015, the Plaintiff sent to the Defendant a certificate of content that requests the delivery of the first floor among the instant building by December 31, 2015, and the content certificate that requests delivery by April 30, 2017 again on March 21, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including paper numbers), the purport of the whole pleadings

2. Determination

A. 1) The ownership of a new building as to the cause of a claim is, in principle, acquired from a person who has constructed a new building in his/her own effort and materials. However, even if the contractor completed a building in his/her own effort and materials, where the contractor and the contractor agree to vest the ownership of the completed building in the order of the contractor, such as obtaining a construction permit under the name of the order of the contractor and obtaining registration of preservation of ownership, the ownership of the building shall be vested in the order of the contractor. If a new building as an aggregate building is a new building and a contract for construction is concluded jointly with several owners of the building, the ownership of the building shall be vested in the order of the contractor, and if the contract is concluded jointly with all the owners of the building, the ownership of each part of the aggregate building shall be vested in each of the joint owners of the building (see, e.g., Supreme Court Decision 2009Da