1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 12, 2018, the Plaintiff purchased the land indicated in the attached Table (hereinafter “instant land”) and its ground building (hereinafter “instant building”) in the public sale procedure, and registered the ownership transfer thereof.

B. On the rooftop of the instant building, a household building with a size of 50 square meters in the ship connecting each point of the items indicated in the attached Form 1, 2, 5, 6, and 1 (hereinafter “instant household building”) is installed.

C. The instant building was originally owned by C, and on October 30, 2014, the registration of ownership transfer based on the name of D Co., Ltd. (hereinafter “D”) and the registration of ownership transfer based on the name of E Co., Ltd. was completed.

After the public auction, the Plaintiff is going through the public auction procedure.

As set forth in paragraph, ownership was acquired.

[Ground of recognition] The facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 15 (including branch numbers for those with a serial number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the instant building and the provisional building were acquired by acquiring ownership from D who purchased the instant building and the provisional building from D, and thus, he stored in the instant building and owned the building without title. As such, the Defendant, who directly occupies the instant building and the provisional building, is obligated to deliver the instant building and the provisional building to the Plaintiff, the owner of the instant building.

B. 1) In a case where a claim for delivery is filed pursuant to an agreement, the other party is not limited to a direct occupant, and a claim against an indirect occupant is also permitted, and in order to request the delivery of a building on the ground of an illegal possession, it should be against the person who actually occupies the building (see, e.g., Supreme Court Decisions 2011Da5813, Jun. 27, 2013; 81Da187, May 10, 1983). 2) In light of the foregoing legal doctrine, health class A and the evidence No. 3 as to the instant case are one of the following.