A. On December 31, 1990, the Plaintiff completed the registration of transfer of ownership on the ground of an inheritance by agreement division with respect to one-fourths of F large 195 square meters (hereinafter “instant land”) and one-fourths of G field 979 square meters (hereinafter “instant land”).

B. H owned the part (a) of the instant land, which connects each point of which is indicated in the attached Table 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 17, and 6, and in line with each point of which is indicated in the attached Table 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18, and the same appraisal level is indicated 18, 19, 20, 21, and 18; however, H succeeded to H due to the death of H.

[Ground of recognition] The entry of Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 6, the result of the on-site inspection by this court, the result of the survey and appraisal of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to remove the instant building and deliver the said land to the Plaintiff.

B. The Defendants’ assertion 1) Although Defendant B asserted that the instant building was donated to Defendant C, there is no evidence to acknowledge this, Defendant B’s assertion is without merit. Defendant C purchased the instant building from H on May 20, 1965, and Defendant C added I to the Plaintiff. Thus, the legal superficies under the customary law was established as to the instant building.

However, there is no evidence to prove that the land and the building of this case belong to the same owner, but the owner was changed by sale, etc., the above assertion by Defendant C is without merit.

3 Defendant C, the owner of the instant building, asserts that he/she acquired superficies by prescription as he/she occupied the instant land for at least 20 years for the purpose of ownership by I and H, the owner of the instant building.

However, the superficies for the possession of a structure in respect of the land of another person.