(a) remove the buildings listed in Attachment 2, and deliver the site of the building;

A. In around 1982, the network D newly constructed a building listed in [Attachment List No. 2 (hereinafter “instant building”) that owned the land listed in [Attachment List No. 1] (hereinafter “instant land”).

B. On July 13, 1994, Nonparty E, the deceased D’s children, completed the registration of ownership transfer based on sale on the instant land on January 15, 1984.

C. On May 1, 2006, E completed the registration of creation of a mortgage on the instant land with the maximum debt amount of KRW 200 million and F, a mortgagee of the right to collateral security.

The network D died on August 25, 2007, and E acquired ownership by inheritance of the instant building, which is an unregistered building.

E. The Defendant purchased the instant building from E on May 13, 2014, and received delivery around that time, and has occupied and used the instant building until now.

F. On June 22, 2016, the Plaintiffs, as married couple, purchased each of the shares of 1/2 out of the instant land, and acquired ownership in the real estate auction procedure (this Court G G) on the instant land based on the said FF’s right to collateral security.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3, entry of Eul evidence 1 to 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. The relevant legal doctrine is a factual act that constitutes a final disposition of ownership, and thus, in principle, the right to remove and dispose of the building is limited to the owner (in principle, the title holder of the registration).

As an exception, the right to remove and dispose of a building, such as purchasing and possessing the building from the former owner, etc., within the scope of the right, has also the right to remove and dispose of the building legally or in fact.

(Supreme Court Decision 2002Da61521 delivered on January 24, 2003). Since a building cannot exist regardless of its site under social norms, the land which became the site for the building shall be deemed to be possessed by the owner of the building. In this case, the owner of the building shall be practically the owner of the building.