1. The Defendant points out each of the attached drawings No. 1, 2, 3, 4 and 1, among the land size of 975 square meters in Jeonnam-gun, Jeonnam-gun, the Plaintiff.

1. Facts of recognition;

A. On June 24, 2014, the Plaintiff and D purchased 975 square meters (hereinafter “instant land”) from Jeonnam-Gun, Jeonnam-do, and completed the registration of ownership transfer for each 1/2 portion.

B. Of the instant land, the Defendant owns a cement block roof toilet (hereinafter “instant toilet”) installed on the ground of 5m2 in sequence of the drawings indication 5, fes, 7, 8m2, and 57m2, which connects each point of 1,2, 3, 4, 1, and 38m2 on the ground of 38m2, which are located on the ground of 38m2 (a) part of the ship (hereinafter “instant warehouse”), among the instant land.

[Ground of Recognition] Unsatisfy, entry of Gap evidence 1 and 2, and video of Gap evidence 4

2. According to the facts of the determination as to the cause of the claim, the Defendant owned the instant warehouse and toilet on the land owned by the Plaintiff in common with D, and occupied the part of the instant land. Thus, as co-owners of the instant land, the Plaintiff, seeking removal of the instant warehouse and toilet and delivery of the site thereof, is obligated to remove the instant warehouse and toilet and deliver the site to the Plaintiff.

3. Judgment on the defendant's defense

A. The defendant asserts that there is legal superficies on the land of this case, since the defendant owns both the land of this case, warehouse, and toilet, and the owner of the land of this case was changed due to auction.

(b) If the owner of a building or a building belongs to the same owner but becomes different from one another due to sale and purchase of the building or land, or for any other reason, the owner of the building shall acquire the legal superficies under customary law for the building from the owner of the land;

(See Supreme Court Decision 83Meu245 delivered on September 11, 1984, etc.). C.

According to the statement of Gap evidence No. 1, the defendant, on December 5, 1981, shall make an objection.