1. The defendant shall be the plaintiff.

(a) remove the buildings listed in Appendix 2;

(b) the delivery of land listed in Appendix 1;

(c) 84.9

1. Facts of recognition;

A. After completing the registration of transfer on July 7, 200 with respect to the land indicated in the separate sheet, the Defendant began to construct the apartment of the first floor and the second floor on November 4, 2000 with a building permit for the above ground and began to reach the present age, with a building permit for the above ground. The construction has been suspended in a state with a structural and outer wall, roof, etc.

B. Meanwhile, on the other hand, the right to collateral security was established on May 10, 2001 regarding the land. On March 4, 2013, the procedure of voluntary auction based on the above right to collateral security was commenced, and the Plaintiff received a decision to permit sale at the auction procedure for the land indicated in the attached Form, and paid in full the sale price on September 22, 2016.

[Reasons for Recognition] Unsatisfy, Gap 1-4 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The defendant is obligated to remove a building, deliver a parcel of land, and return unjust enrichment by owning a building listed in the attached Form, thereby gaining profits corresponding to the profit from the use of the land in question while occupying the land listed in the attached Form, and causing the same loss to the plaintiff who is the land owner.

Unless other circumstances exist, the defendant is obligated to remove the above building to the plaintiff, deliver the above land, and return the amount equivalent to the profit from the use of the above land as unjust enrichment.

3. As to the Defendant’s claim on statutory superficies, the Defendant asserts that, at the time of the establishment of a right to collateral security, the above building had already been seen as an independent building in light of the social concept, and thereafter, the owner of land and the building changed due to the execution of the right to collateral security. (2) The statutory superficies under Article 366 of the Civil Act is established when the land and the building owned by the same person become different from the two owners due to auction. As such, the legal superficies under Article 366 of the Civil Act arises for the owner of the building at the time of the establishment of a right to collateral security at the time of the establishment of a mortgage.