1. The judgment of the court of first instance is modified as follows.

The defendant, to the plaintiff succeeding intervenor, is the defendant 36.2 forest land B in Chang-gu Seoul Special Metropolitan City.

1. Basic facts

A. C (the trade name was changed to E on August 27, 2007, and was merged to the Plaintiff on April 3, 2009) completed the registration of ownership transfer on the instant land on March 5, 2004.

B. The Defendant currently owns and manages each of the instant buildings on the ground of the instant land.

C. On October 16, 2012, the Plaintiff was ordered to remove and restore each of the instant buildings from the head of Jinhae head of the Gu, since it is a building in violation of the Building Act, and if it does not comply therewith, the measure of criminal charge and the charge for compelling compliance may be imposed.

Accordingly, on September 24, 2015, the Plaintiff requested the Defendant to remove and restore each building of this case, and on October 19 of the same year, the Plaintiff filed a petition with the Jinhae Police Station on the ground that the Defendant did not comply with the above request.

E. On July 14, 2016, the Plaintiff received a decision to commence rehabilitation, and thereafter sold the instant land to the Intervenor succeeding to the Plaintiff after obtaining permission from the court on October 27, 2016 for selling the land to KRW 2,211,00,000.

Since then, the plaintiff succeeding intervenor participated in the succession on April 3, 2017.

[Ground of Recognition] Unsatisfy, entry and video of Gap evidence Nos. 1 through 8, and video of Eul evidence No. 2

2. According to the above facts, barring special circumstances, the defendant is obligated to remove each of the buildings of this case and deliver the land of this case according to the plaintiff succeeding intervenor's claim for removal of disturbance based on ownership, who is the owner of the land of this case.

3. As to the Defendant’s assertion of statutory superficies under customary law, the Defendant is F at the time the original acquisitor of each of the instant buildings was the owner of the instant land; G from F to G; and the Defendant purchased each of the instant buildings in succession from G to G; the Defendant succeeded to the statutory superficies under customary law and succeeded to each of the instant buildings on the ground of the instant land.