A. On October 26, 1987, with respect to the real estate listed in the separate sheet No. 2 list (hereinafter “instant real estate”), the ownership transfer registration has been made in the name of Nonparty C on October 26, 1987. On November 2, 2018, the ownership transfer registration was made on the ground of sale by compulsory auction on September 17, 2018 under the name of the Plaintiff.

B. On the ground of the instant real estate, the buildings listed in the attached Table 1 (hereinafter “instant building”) are constructed, and the Defendant D currently occupies and uses the instant building.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to a request for removal of buildings and delivery of land

A. According to the above facts, the owner or possessor of the building is obligated to remove the building of this case and deliver the real estate of this case to the Plaintiff who is the owner of the real estate of this case and exercises the right to claim the removal of disturbance based on ownership, unless there are special circumstances.

B. As to the Defendants’ assertion, the Defendants asserted that the statutory superficies under the customary law for the ownership of the instant real estate was established against Defendant C, the Plaintiff’s claim for removal of the Plaintiff’s building and for delivery of the land is unlawful. 2) Unless otherwise stipulated that the owner of the land and the building on the land owned by the same person are removed due to compulsory sale by official auction, etc., the owner of the building shall obtain the statutory superficies for the ownership of the building against the landowner.

(see, e.g., Supreme Court en banc Decision 2010Da52140, Oct. 18, 2012). In cases where the ownership of land or a building on the ground is transferred to a purchaser in the process due to a compulsory auction, a mortgage is established prior to the seizure for compulsory auction or provisional seizure prior to the seizure of the land or building on the ground which is the object of compulsory auction.