1. The Defendant each point of the attached Form 1 through 12, and 1, among forest land C, 9,812 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

1. Basic facts

A. On January 30, 2018, the Plaintiff purchased the instant land and paid the sales price on the same day in the voluntary auction procedure for forest land C, 9812 square meters, which was originally owned by the Defendant (hereinafter “instant land”). On February 8, 2018, the Plaintiff completed the registration of ownership transfer on the same day.

B. A family hotel building permit was issued on the instant land on January 30, 1992, and the plan was revised several times thereafter, and the hotel building was suspended. Among the instant land, there was a building indicated in the separate sheet, the construction of which was suspended on the (A) part of the pertinent land (hereinafter “instant structure”), which was connected in order to each point of the items indicated in the separate sheet No. 1 through No. 12 and No. 12, among the instant land, and the name of the owner is registered as the defendant.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 7, Eul 1 through 3, and 9, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the plaintiff's assertion is that the structure of this case owned by the defendant on the land of this case owned by the plaintiff, and the exercise of the plaintiff's ownership is hindered, so the defendant is obligated to remove the structure of this case and deliver the part of the site. Accordingly, the defendant asserts that the structure of this case has legal superficies as an independent real estate, and that it is impossible for the defendant to perform its execution because D had a construction work using the cost of KRW 00 million, and D had a right

B. 1) According to the above facts, the Defendant, as the owner of the instant structure, occupied and used the part indicating the drawings (A) of the instant land owned by the Plaintiff as the site of the instant structure without any authority, barring any special circumstance, is obligated to remove the instant structure to the Plaintiff and deliver the relevant part of the instant land to the Plaintiff, barring any special circumstance. 2) As such, the Defendant asserts that there is legal superficies against this, the Health Unit and Article 366 of the Civil Act are asserted.