1. The Plaintiff:

A. The Defendant Bwork World Co., Ltd. is the 2nd floor of the brick structure sloping roof on the ground of 330 square meters wide in Macheon-si.

1. Facts of recognition;

A. Defendant B, on September 30, 2016, completed the registration of ownership transfer based on sale of the instant housing owned by Nonparty D (former trade name: one ton land) and thereafter Defendant B leased and occupied the said housing from Defendant B’s date.

B. On June 15, 2017, the Plaintiff completed the registration of ownership transfer for the instant land owned by Nonparty E due to a voluntary auction.

【Defendant 1’s ground for recognition: Each entry in the evidence Nos. 1 and 2, the purport of the whole pleadings, and the purport of the pleading against Defendant 2: Confession (Article 150(3) of the Civil Procedure Act)

2. Determination

A. According to the above facts, inasmuch as Defendant B did not obtain the right to use the instant land for the purpose of the existence of the instant housing, it is evident that Defendant B, who leased and occupied the said housing from Defendant B on the first day, has an obligation to remove the said housing and deliver the said housing site to the Plaintiff, and further, Defendant B also has an obstacle to the smooth realization of the ownership of the said housing site owned by the Plaintiff. Therefore, the Plaintiff is obliged to leave the said housing.

B. As to this, Defendant Bwork World did not submit any means to prove the existence of legal superficies for the instant housing and the source of right to the instant land, but the existence of legal superficies for the instant housing and the source of right to the instant land. Therefore, Defendant Bwork World’s argument cannot be accepted.

3. In conclusion, the plaintiff's claim against the defendants shall be accepted in its reasoning, and it is so decided as per Disposition.