1. The Plaintiff, and the Appointed C, with respect to the share of 3/9, the shares of the Defendant (Appointed Party) B, the Appointed D, and E, respectively.

1. Facts of recognition;

A. The land listed in attached Table 1 (hereinafter “instant land”) was originally owned by F.

B. On February 27, 2001, the Republic of Korea (the jurisdiction of the Republic of Korea): on the instant land and the single-story buildings owned by F on the said land (hereinafter referred to as “the instant old building”) completed the attachment registration according to tax delinquency.

C. However, F removed the old building of this case at the same time and newly constructed the building listed in attached Table 2, which is an unauthorized building (hereinafter “new building of this case”). D.

After the death of F on February 20, 2006, the Defendant (hereinafter “Defendant”) and the remaining designated parties inherited the land and new buildings of this case by inheritance shares.

E. Meanwhile, the instant land was followed by the public auction procedure, and the ownership transfer registration was completed in the G on March 18, 2008, and thereafter, the Plaintiff acquired ownership on April 22, 2014.

[Reasons for Recognition] Facts without dispute, entry of Gap 1, 3 through 7, the purport of the whole pleadings

2. According to the above facts of recognition as to the Plaintiff’s claim, the Plaintiff, who is the owner of the land of this case, and the Selection C is obligated to remove each new building of this case and deliver the land of this case with respect to shares of 3/9, and shares of 2/9, Defendant B, Selection D, and E, respectively.

3. Judgment on the defendant's assertion

A. On this point, the Defendant asserts that the land and new buildings of this case were owned by the same Defendant and the designated parties, and the owners were different due to the public sale, and that the legal superficies of the new building of this case was acquired.

B. Therefore, we judge whether the land and new buildings of this case were owned by the same person.

The ownership of land or a building on the ground shall be transferred to a buyer in the procedure due to a compulsory auction.