A. D, the father of the Plaintiff, who owned the land of this case, is one of the Plaintiff, who owned the land of this case, constructed a house of 54 square meters in the part that caused the damage to the ship in the order of 22 square meters in a warehouse and 22, 23, 24, 25, and 22 attached drawings attached hereto, which are not registered buildings on the instant land, owned by himself. < Amended by Presidential Decree No. 26635, Dec. 2, 200>

B. The defendant completed the registration of ownership transfer on the site of this case on February 24, 1995 due to a self-donation on May 1, 1984.

On the other hand, D died on January 14, 2005, and co-inheritors including the defendant inherited D's property, and at present, the defendant occupied and managed each of the buildings of this case by himself.

C. On October 7, 2010, the Defendant completed the registration of creation of superficies with the maximum debt amount of KRW 1.55 billion on the instant site and the duration of the establishment of superficies with the maximum debt amount of KRW 30,000,000 on the instant site. On December 21, 2011, the voluntary auction procedure based on the foregoing right was commenced on December 21, 201, and the Plaintiff paid the price after receiving a successful bid for the instant site on December 10, 2012, and completed the registration of ownership transfer in its name on December 24, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 9 through 11 (including paper numbers), the result of survey appraisal conducted by Kim Jong-il E, the purport of the whole pleadings

2. Determination as to the request for removal of buildings

A. According to the facts of recognition as above, inasmuch as the Defendant, who inherited each of the instant buildings, which are unregistered buildings, and directly occupied and managed them by himself, is in a position to dispose of each of the instant buildings legally or in fact (see Supreme Court Decision 92Da48963, Jan. 26, 1993), barring special circumstances, the Defendant is obligated to remove each of the instant buildings to the Plaintiff.

B. (i) Determination on legal superficies defenses;