A. On August 25, 2015, the Plaintiff completed the registration of ownership transfer on the land listed in the attached Table 1 List (hereinafter “instant land”).

B. The Defendant owns a building indicated in the attached Table 2, which is an unregistered building built on the instant land without permission (hereinafter “instant building”).

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, Eul's 1, and the purport of whole pleading

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to remove the building of this case to the plaintiff and deliver the part falling under the site of the building of this case to the plaintiff, unless there are special circumstances.

B. The defendant's assertion 1) around 1950, around 1950, the defendant constructed the building of this case with the consent of use from B, the owner of the land of this case, and thereafter there was no agreement between the owner and the owner of this case to remove the building of this case even during the process of continuous change of the owner of this case's land. Thus, the defendant should be deemed to have acquired the legal superficies under customary law as to the building of this case.

B) Even if not, the Plaintiff’s claim of this case is aimed at causing pain and damage to the Defendant even though there is no benefit to the Plaintiff, and thus, it shall be dismissed as an abuse of rights. (C) The Plaintiff prepared a document as if the Plaintiff had paid compensation for the building of this case to the Defendant in the Busan District Court C real estate auction case on the land of this case and submitted it to the auction court, and thus, the Defendant shall be paid compensation accordingly.

2) Customary statutory superficies under customary law whether legal superficies are acquired fall under the ownership of the same owner, but the building or land belongs to the same owner, and the building or land is sold or purchased.