1. The Plaintiff:

A. Defendant B removes the buildings indicated in the separate sheet of 181m2 on the 181m3m2 in Gangnam-si, Gangnam-si.

1. The Plaintiff’s determination as to the Plaintiff’s claim is the owner of Gangnam-si D 181 square meters (hereinafter “instant land”); the fact that Defendant B is the owner of the building indicated in the attached Table on the instant land (hereinafter “instant building”); and the fact that Defendant C is residing in the instant building does not conflict between the parties.

In full view of the above facts, as long as Defendant B did not assert and prove the legitimate title to occupy the land of this case, Defendant B removed the building of this case and delivers the land of this case to the Plaintiff, and Defendant C has the duty to withdraw from the building of this case.

2. Judgment on the defendants' assertion

A. Defendant B’s assertion that the Defendants: (a) concluded a sales contract on the instant land with E, the former owner of the instant land; and (b) completed the registration of ownership preservation by constructing the instant building under the transfer of the instant land; (c) but (d) had not completed the registration of ownership transfer; (c) sold the instant land to F; and (d) subsequently transferred the instant land to the Plaintiff.

Defendant B newly constructed the instant building with the consent or approval of use of the instant building, and the Plaintiff knew that the instant building was located and purchased the instant land, and thus, the Plaintiff cannot comply with the Defendant’s request.

B. Since the acquisition, loss, and transfer of real rights due to a juristic act on the judgment real estate takes effect by the registration (Article 186 of the Civil Act), Defendant B and the instant land entered into a sales contract with Defendant E.

Even if the registration of ownership transfer has not been completed, Defendant B only has a right to claim ownership transfer against E and does not acquire ownership.

After Defendant B entered into a sales contract with Party E and received the transfer of land, E lost ownership of the land of this case, it was impossible to perform the obligation to transfer ownership of the land of this case.