(a) an indication of the annexed drawing among the lands listed in paragraph 1 of the attached list;

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is an owner who completed the registration of ownership transfer on January 2, 2004 with respect to the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”).

B. The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is a married couple and owns the real estate indicated in the attached Table No. 2 (hereinafter “instant housing”) of the instant land, which is unregistered on the ground of 65m2 of the attached Table No. 7, 8, 9, 10, 11, 12, and 7 among the instant land, each point of which was successively connected with the indication of the attached Form No. 7, 8, 9, 10, 11, 12, and 7.

C. While Defendant C owned the instant land in the past and the instant block structure roof 1st floor housing, 36.79 square meters, and 155.3 square meters in a 1st floor stable on the instant land (hereinafter “instant old housing”), Defendant C acquired statutory superficies on the instant old housing site part as the instant land was sold to a third party by auction around 1988.

Since then, the old house was transferred to Defendant B on September 12, 2014 through D, but the registration of the establishment of legal superficies was not made.

In around 2017, the Plaintiff filed a lawsuit against Defendant B regarding the removal of the building, etc. of the instant housing, and Defendant B asserted legal superficies as the possessory source.

However, in the foregoing case, ① Defendant C, a legal superficies, was not paid for 15 months from June 12, 2013 to September 11, 2014, and for about 32 months from September 12, 2015 to February 27, 2017 (including the above price in arrears even if the price was paid by Defendant B to the Plaintiff on August 11, 2016), ② The Plaintiff notified Defendant C of the purport that the claim for extinguishment of the above legal superficies was filed against Defendant C on the ground that the payment of rent was delayed for more than two years, and ③ February 28, 2017 to Defendant C received the notification to Defendant C on the ground that the notification reached the recognition that the notification reached the Defendant C.