토지인도
1. The defendant shall remove the building indicated in attached Table 2 to the plaintiff, and the land indicated in attached Table 1 to the plaintiff.
In full view of the purport of Gap evidence No. 3-1 and evidence No. 4-1-1 and the whole arguments, the plaintiff purchased the land listed in attached Table No. 1 (hereinafter "the land of this case") from C on September 29, 2016 and completed the registration of ownership transfer for the land of this case on October 4, 2016. The defendant purchased the building listed in attached Table No. 2 (hereinafter "the building of this case") constructed on the land of this case from D on July 1, 2016 and completed the registration of ownership transfer for the building of this case on the 27th of the same month.
The Defendant occupied the instant land by owning the instant building, and obstructed the Plaintiff’s use as its owner.
Therefore, the Defendant is obligated to remove the instant building to the Plaintiff and deliver the instant land to the Plaintiff, barring special circumstances.
The summary of the Defendant’s defense regarding the Defendant’s defense was that the instant building and land were transferred from E to F, G, H, and I, and that only the ownership of the instant land was transferred to J on April 30, 198.
Accordingly, since the owners of the building and the site have changed, the statutory superficies was established under the customary law for the purpose of owning the building of this case at that time.
After that, the ownership of the instant building was transferred to D and the Plaintiff separate from the instant land, and in the process, the statutory superficies under the customary law attached to the instant building was also transferred.
As long as statutory superficies exists under the customary law to own the instant building to the Defendant, the Plaintiff cannot seek removal of the instant building and delivery of the instant land to the Defendant.
In fact, the land in this case was registered for preservation in the name of E in 1927.
After that, the instant land was transferred to F on June 4, 1940, to G on February 19, 1974, to H on June 22, 1976, to H on April 28, 1983, to J on April 30, 198, to C on March 30, 201, respectively.