1. The Plaintiff:

A. Defendant B shall display a map in attached Form 1, (2), (3), (4), (5), and (6), among the area of 326 square meters in the window of Changwon-si.

1. Facts of recognition;

A. On January 31, 2017, the Plaintiff purchased D & 326 square meters of the window of Changwon-si, Changwon-si (hereinafter “instant land”) as a compulsory auction.

B. Defendant B, a non-registered building from E on September 27, 2013, has the right to manage and dispose of the instant land by taking over 68 square meters of the instant land’s ground lighting team and asphalt roof single-story housing (hereinafter “instant housing”).

C. Defendant C leased the instant house from Defendant B and resides therein.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 5, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, Defendant B is obligated to remove the instant house and deliver the relevant part to the Plaintiff, and Defendant C is obligated to withdraw from the instant house.

3. The Defendants asserted that the Defendants’ defenses of the instant land and housing owned by E, while Defendant B acquired the instant land and housing, Defendant B changed the owners of the instant land and the instant housing, and thus, Defendant B acquired statutory superficies under the customary law on the instant land on September 27, 2013, by acquiring the instant housing.

In addition, there is no evidence to deem that E had originally acquired the instant house by constructing it, and even the transferee of an unregistered building may not acquire the ownership of the building unless he completed the registration of ownership transfer (see Supreme Court Decision 2006Da49000, Oct. 27, 2006), unless E or Defendant B completed the registration of ownership transfer concerning the instant house, it cannot be deemed that E or Defendant B acquired the ownership of the instant house.

Therefore, E owned the instant house.

The above assertion by the Defendants cannot be accepted on the premise that Defendant B acquired the ownership of the instant house while acquiring the instant house from Defendant B.

4. Conclusion against the Defendants.