1. The defendant shall be the plaintiff.

(a) remove the buildings listed in Attachment 2, and the land listed in Attachment 1;

1. Facts of recognition;

A. On April 4, 2002, C District Land Partitioning Association (hereinafter “Association”) sold to D the land listed in attached Table 1, which is the land allotted by the authorities in recompense for development outlay (hereinafter “instant land allotted by the authorities in recompense for development recompense”) and D was registered as the owner of the instant land allotted by the authorities in recompense for development recompense managed by the union around that time.

B. On December 2, 2010, E purchased the instant land allotted by the authorities in recompense for development outlay from D and around that time registered as the owner of the instant land allotted by the authorities in recompense for development outlay.

E has constructed a building listed in attached Table 2 (hereinafter in this case) on the ground of the land allotted by the authorities in recompense for development outlay, and completed registration of preservation of ownership in its own name on February 28, 2012.

C. The Plaintiff: (a) at the auction procedure of Ulsan District Court 2012TTT 8298 against the land allotted by the authorities in recompense for development outlay; (b) paid the price on December 14, 2012; (c) on the same day, the Plaintiff was registered as the owner of the land allotted by the authorities in recompense for development recompense for development outlay.

E, on February 28, 2012, the registration of the establishment of a neighboring to the instant building was completed, but the Defendant was awarded a successful bid in the F voluntarily auction procedure of the Ulsan District Court on the instant building upon application by the Taecheon Saemaul Depository and paid the price thereof on September 25, 2013.

E. The rent of the instant land allotted by the authorities in recompense for development outlay is KRW 948,630 per month from September 26, 2013 to September 26, 2013.

F. The association did not publicly announce the disposition of replotting on the land allotted by the authorities in recompense for development outlay until now.

[Ground of recognition] Unsatisfy, Gap 1, 2, 3 (including paper numbers), and as a result of a request for a ground appraisal, the fact inquiry of C District Land Partition Association and the purport of the whole pleadings

2. Determination

A. Where the land readjustment project executor designates a land allotted by the authorities in recompense of development outlay before a land substitution disposition and disposes of the land to a third party, if the transferee satisfies any of the requirements in the transfer of the land or the register of land allotted by the authorities in recompense of development outlay, the transferee shall acquire the right to use and benefit from the land in question,