A. On November 23, 2006, the Plaintiff was awarded a successful bid for the land indicated in the attached Table 2 (hereinafter “instant land”) in the F voluntarily auction procedure for Changwon District Court Seoyang Branch. On November 29, 2006, the Plaintiff completed the registration of ownership transfer on November 29, 2006. Since then, the Plaintiff sold the share of land corresponding to each site ownership of the instant building to the sectional owners of the instant land, and is the owner of the share of 2667521/600 of the present land.

B. Defendant B and C acquired statutory superficies on the instant land as a sectional owner of 1/2 shares of each of the buildings listed in the separate sheet No. 1 of the instant land (hereinafter “instant building”). However, the Changwon District Court Decision 2007Da3554 decided Mar. 19, 2008, which became final and conclusive on May 16, 2008, and filed a claim against the Plaintiff for provisional injunction for non-performance of the provisional injunction against the extinguishment of the superficies under the separate sheet No. 2009Da3958 decided Nov. 23, 2006 and the provisional injunction against the extinguishment of the superficies under the separate sheet No. 2009Da3958 decided Nov. 22, 2007 (hereinafter “the provisional injunction against the extinguishment of the superficies”). The Plaintiff’s provisional injunction against the extinguishment of the superficies under the provisional injunction against the extinguishment of the superficies under the separate sheet No. 20963, Nov. 23, 2007.

C. Defendant D occupies the buildings listed in Annex 1 List No. 1, and Defendant E occupies the buildings listed in Annex 1 List No. 2.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 8 (including virtual numbers), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the statutory superficies for the instant land by Defendant B and C was extinguished by the Plaintiff’s claim for extinguishment, on the grounds that the statutory superficies for the instant land did not be paid more than two years.