1. The bankruptcy trustee D of the defendant bankrupt C, respectively, shall be as shown in attached Table 1 from November 13, 2018 to the plaintiffs.

Basic facts C completed the registration of ownership transfer for each land listed in the separate sheet No. 1 (hereinafter “instant land”) on November 1, 2010, based on sale and purchase on October 27, 2010. On the same day, the registration of ownership transfer was completed for the instant land with the maximum debt amount of KRW 4.2 billion, the debtor C/mortgage Co., Ltd., F.

With respect to the instant land, the Plaintiffs: (a) received a decision to permit sale on June 13, 2017 and completed the registration of ownership transfer as to each/2 portion on August 17, 2017, after having fully paid the purchase price in the auction procedure for G real estate G in the Daejeon District Court that commenced with F Co., Ltd.’s request for auction.

At present, each building listed in the separate sheet No. 2 (hereinafter “instant building”) exists on the ground of the instant land, and Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd”) occupies the instant building.

On March 30, 2017, as to C, the bankruptcy was declared on March 30, 2017, and Defendant D (hereinafter referred to as “Defendant trustee in bankruptcy”) was appointed as trustee in bankruptcy.

(Seoul Rehabilitation Court 2017Hadan1681). The plaintiffs filed a lawsuit against the defendant bankruptcy trustee seeking the removal of the building of this case and the delivery of the land of this case by Daejeon District Court 2017Gahap10580, and against H who had occupied the building of this case before the defendant company filed a lawsuit seeking the removal of the building of this case.

In the above lawsuit, the defendant bankruptcy trustee asserted that he acquired legal superficies or statutory superficies under the statutory superficies or customary law for the building of this case, but the above court rendered a judgment that "the plaintiff cannot be deemed to have established legal superficies or statutory superficies under the statutory superficies for the building of this case, the defendant bankruptcy trustee removed the building of this case, delivered the land of this case, and the defendant H removed the building of this case."

The plaintiffs appealed, but the appellate court.