1. The defendant shall be the plaintiff.

(a) deliver each building listed in the separate sheet;

(b) 708 square meters in a warehouse in Gyeongnam-gun, Chungcheongnam-do.

1. On March 12, 2013, the Plaintiff: (a) completed the registration of transfer on the ground of public sale on February 18, 2013, with respect to the D Warehouse site 1,489 square meters; (b) E farm site 1,301 square meters and C warehouse site 708 square meters; and (c) buildings listed in the separate sheet; (c) the Defendant occupies each building listed in the separate sheet; (d) not only the Defendant occupies each building listed in the separate sheet, but also owns each building listed in the separate sheet 1, 2, 3, 4, and 1 of the land indicated in the separate sheet 708 square meters among the 708 square meters of the 708 square meters of the land for warehouse in Chungcheongnam-gun, Chungcheongnam-do; or (e) owned a warehouse (hereinafter “instant warehouse”) on the ground of the 356 square meters of the said section; or (e) is recognized based on the purport of the entire pleadings as a result of each appraiser’s survey and appraisal.

Therefore, barring any special circumstance, the Defendant is obligated to deliver each building indicated in the separate sheet to the Plaintiff, the owner of each building listed in the above land and the separate sheet, and remove the instant warehouse, and to deliver each of the items indicated in the separate sheet No. 1, 2, 3, 4, and 1 among the 708 square meters in the 708 square meters in the Gyeongnam-gun, Namnam-gun, the site of the instant warehouse, to the Plaintiff.

2. Judgment on the defense

A. The defendant's assertion that the defendant has legal superficies (the defendant uses the expression "legal superficies under customary law" with respect to the area of 708 square meters in the warehouse C in South-Namnam-gun, Chungcheongnam-do, but he/she has the legal superficies in light of the fact that the owner of the above land was changed from a voluntary auction based on the right to collateral security to G).

B. The legal superficies under Article 366 of the Civil Act is acknowledged for the owner of a building when the land and the building owned by the same person become different from the two owners due to an auction at the time of the establishment of a mortgage. As such, the legal superficies under Article 366 of the Civil Act is on the land subject to a mortgage from the time of the establishment of a mortgage.