1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the Defendant (Appointed Party).

3...

1. Comprehensively taking account of the overall purport of the entries and arguments by Gap evidence Nos. 1 and 2 (including household numbers) as to the cause of the claim, the fact that the building was the land owned by the plaintiff since March 27, 2012 (the plaintiff received the registration of ownership transfer for reasons of sale from G on March 12, 2012) and the building listed in the separate sheet Nos. 2 (hereinafter "the building of this case") are buildings constructed by the F and located on the land of this case. The building of this case is still unregistered, and the owner is the F, and the building of this case is entered in the building register of the building of this case. ③ The building of this case is currently occupied by the defendants.

According to the above facts of recognition, the defendants are obliged to leave the building of this case to the plaintiff, because they occupied and used the building of this case, which is owned by a third party, thereby hindering the exercise of the plaintiff's right to ownership.

2. Determination as to the defendants' defense

A. While Defendant C owned the instant land and the instant building, the owners of land and buildings were changed due to auction due to the exercise of mortgage while Defendant C owned the instant land and the instant building, Defendant C acquired statutory superficies on the instant building.

Therefore, the Defendants have a legitimate source of right to possess the instant land.

Therefore, the plaintiff cannot respond to the plaintiff's request.

B. The legal superficies or customary legal superficies under Article 366 of the Civil Act, which is the ownership of land and buildings owned by the same person. One of them is recognized to the owner of the building in the event that the owner changes due to the execution, sale, etc. of mortgage. Therefore, at the time of the registration of the establishment of a mortgage on the site or at the time of the successful purchase of the ownership, the ownership of the building Eul acquired the ownership of the above site, but its ownership is unregistered.