2...

A. On August 14, 2008, the Defendant purchased from Nonparty C the land listed in the attached Table 1 (hereinafter “instant land”) and the building listed in the attached Table 2, which is an unregistered building on its ground (hereinafter “instant building”), and completed the registration of ownership transfer in its name on October 28, 2008.

B. On February 24, 2012, the Defendant set up a right to collateral security, which causes KRW 150,000,000 of the maximum debt amount, with respect to the instant land. In a voluntary auction procedure based on the above right to collateral security, the Plaintiff awarded the instant land in advance and paid the successful bid price on September 23, 2014.

C. The Defendant currently occupies and uses the instant building and land.

[Ground of recognition] Unsatisfy, Gap 1 and 3 evidence

2. According to the above facts of determination, the defendant, as the disposal authority of the building of this case, has the duty to remove the building of this case that interferes with the ownership of the plaintiff, the owner of the land of this case, and deliver the land to the plaintiff, unless

The Defendant, at the time of the establishment of the above right to collateral security, owned all the land and buildings of this case, and the owner was changed due to the above auction, and thus, the Defendant, the owner of the building, claimed that he acquired legal superficies against the Plaintiff, the landowner. However, while the Defendant completed the registration of ownership transfer on the instant land, there was no record that the Defendant had completed the registration of ownership transfer on the instant land, and at the time of the establishment of the right to collateral

3. Conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.