The judgment below

The part concerning the conjunctive claim is reversed, and this part of the case is remanded to the Seoul Southern District Court.

The grounds of appeal are examined.

1. Even if a transferee of a building unregistered as to the grounds of appeal on the primary claim, is unable to acquire the ownership of the building unless the registration of ownership transfer is completed, and it is difficult to recognize any comprehensive right or legal status, such as the de facto ownership or the right to use and benefit equivalent to the ownership.

(See Supreme Court Decision 94Da53006 Decided June 14, 1996, Supreme Court Decision 2006Da490000 Decided October 27, 2006, Supreme Court Decision 2005Da41153 Decided July 10, 2008, etc.). Meanwhile, a lawsuit for confirmation is recognized as the most effective and appropriate means to remove the Plaintiff’s risk when the Plaintiff’s legal status is at risk of unstable, and a lawsuit for performance of confirmation may be brought, despite the fact that the Plaintiff’s legal status is at risk, and thus, there is no benefit in confirmation because it is not a final solution of a dispute.

(See Supreme Court Decisions 95Da5622 delivered on December 22, 1995, 2005Da60239 delivered on March 9, 2006, etc.). Examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, the lower court’s reasoning was partially inappropriate, but the lower court determined that the instant lawsuit seeking confirmation of ownership as the purchaser of the building of this case was unlawful on the ground that there was no benefit in confirmation, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the interest in the lawsuit for confirmation of ownership, thereby adversely affecting the conclusion of the judgment.

2. As to the grounds of appeal on the conjunctive claim, the lower court held that (1) a person who purchased a unregistered building shall register the ownership transfer after completing the registration of ownership transfer in the name of its original owner, and thus, in order to execute the execution upon winning a favorable judgment in relation to the instant conjunctive claim seeking the implementation of the procedure for registration of ownership transfer, the Plaintiff’s registration of ownership preservation on the instant building