A. On January 14, 2016, the Plaintiff completed the registration of transfer of ownership based on sale due to voluntary auction on the same day with respect to B forest No. 5,051 square meters (hereinafter “instant land”).

나. 피고는 이 사건 토지 중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㄱ의 각 점을 순차로 연결한 선내 부분 지상 경량철골조 샌드위치판넬지붕 단층 건물 171㎡, 같은 도면 표시 ㅁ, ㅂ, ㅅ, ㅇ, ㅁ의 각 점을 순차로 연결한 선내 부분 지상 경량철골조 샌드위치판넬지붕 단층 건물 40㎡, 같은 도면 표시 ㅈ, ㅊ, ㅋ, ㅌ, ㅈ의 각 점을 순차로 연결한 선내 부분 지상 컨테이너박스 창고 18㎡(이하 ‘이 사건 건물 및 창고’라고 한다)의 소유자로서 위 각 토지 부분을 점유하고 있다.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the defendant owned the building and warehouse of this case and possessed the site part of the building and warehouse of this case and obstructed the plaintiff's exercise of land ownership. Thus, the defendant is obligated to remove the building and warehouse of this case to the plaintiff and deliver part of the land which is the site.

The Plaintiff sought to transfer the entire land of this case, but there is no evidence to deem that the Defendant possessed the entire land of this case through the possession of the building and warehouse of this case. Thus, only the land portion (the contact part between the building and warehouse of this case and the land of this case) actually occupied by the building of this case shall be ordered to transfer.

On December 30, 2003, the Defendant asserted that there was legal superficies by purchasing the instant land from C, which was the owner of the instant land on December 30, 2003, but the Defendant did not complete the registration of ownership transfer concerning the instant land.