A. On September 3, 2013, the Defendant completed the registration of the establishment of a neighboring mortgage, which is a creditor bank, with respect to the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) and cement brick structure and a cement brick structure and the 53.04 square meters wide on the ground, the Defendant completed the registration of the establishment of a mortgage over the cement brick structure and the cement roof set forth in the attached Table No. 1 (hereinafter “instant land”).

B. Around November 2013, the Defendant removed the above building and newly built the building listed in attached Table 2 (hereinafter “instant building”).

C. On May 8, 2015, the Plaintiff purchased the instant land during the voluntary auction procedure with Daegu District Court Port Division C.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-6, the purport of the whole pleadings

2. According to the above facts of the judgment on the cause of the claim, the defendant, barring any other special circumstances, has a duty to remove the building of this case and deliver the land of this case to the plaintiff seeking the removal of interference based on ownership, as it occupies the land of this case by owning the building of this case.

3. Judgment on the defendant's defense

A. Legal superficies 1) The Defendant’s assertion was known to the existence of superficies and purchased the instant land, and thus, the Plaintiff cannot respond to the Plaintiff’s claim. 2) The Defendant’s assertion appears to the purport that the statutory superficies under Article 366 of the Civil Act was established for the instant building.

In case where a joint mortgage has been created on the land and buildings owned by the same person, and a new building has been demolished and a new building has been constructed, the owner of the new building shall be identical to the owner of the land, and a joint mortgage at the same order as the mortgage on the land shall be created for the new building even if the land and the new building belong to another owner due to an auction of mortgaged property, unless there are special circumstances, such as creating a joint mortgage on the