1. The defendant shall be the plaintiff.

(a) buildings listed in paragraph 2 of the same Schedule on the ground of the land listed in paragraph 1 of the annex;

1. Basic facts

A. On March 2, 2007, Komato Savings Bank Co., Ltd. prior to the bankruptcy (hereinafter “Intomato Savings Bank”) loaned money to the Intervenor’s Intervenor (hereinafter “ Intervenor”) with respect to the land, etc. listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”), which is owned by the Intervenor, set up a right to collateral security (hereinafter “instant right to collateral security”) with a maximum debt amount of KRW 6.75 billion, and on March 23, 2007, with respect to the entire land of this case, superficies for the purpose of owning buildings, other structures, or trees (hereinafter “the instant superficies”).

B. After that, on August 31, 2012, the World Savings Bank was declared bankrupt by the Suwon District Court, and the Plaintiff was appointed as the trustee in bankruptcy on the same day.

C. Meanwhile, from October 2009 to October 2009, the intervenor started to construct a building listed in attached Table 2 (hereinafter “instant building”) on the instant land and completed the construction around May 2013, and completed the registration of initial ownership on May 28, 2013.

After that, the intervenor sold the instant building to the Defendant on July 10, 2013, and completed the registration of ownership transfer on July 30, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence or video (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant who owns the building of this case on the land of this case has a duty to remove the building of this case and deliver the site to the plaintiff who is the superficies of the land of this case, unless there are special circumstances.

B. On the part of the Defendant’s assertion, the Defendant first purchased only the instant land and the instant building owned by the Intervenor, with the purport that the Defendant shall acquire the statutory superficies under customary law on the instant land.