The defendant shall be on the ground of Eunpyeong-gu Seoul Metropolitan Government Domain 121.7 square meters for the plaintiffs.

2. Determination as to removal of buildings and requests for delivery of land

A. The plaintiffs asserted that the defendant owned the building of this case and sought removal of the building of this case and delivery of the land of this case as a claim for removal of interference based on ownership, by asserting that he possessed the land of this case without authority. Accordingly, the defendant asserts that the building of this case has the right to occupy the land of this case since the superficies or superficies under the customary law has been established.

B. (1) In the event a joint mortgage is established on the land and buildings owned by the same person and a new building is removed and a new building is newly constructed, the owner of the new building shall be identical to the owner of the land, and the mortgagee of the land shall not establish a joint mortgage in the same order as the mortgage on the land, unless there are special circumstances, such as where the land and the new building belong to another owner due to the auction of the mortgaged property, it is reasonable to interpret that the statutory superficies for the new building is not established even if the land and the new building

This is because if a joint mortgage is established on the land and buildings owned by the same person, unlike the case where a joint mortgage is established on the land and buildings owned by the same person, it is allowed from the beginning that the land is restricted due to the ground building, and only the land is subject to a mortgage to acquire the exchange value of the land reduced by the value of the statutory superficies by establishing a mortgage, the joint mortgagee acquires all the exchange value of the land and buildings as a security, so long as the building which is the object of the mortgage exists, the statutory superficies for the building