1. The defendant removes the building indicated in the attached list 2 to the plaintiff, and delivers the land indicated in the attached list 1 to the plaintiff.

1. The following facts may be found in full view of Gap evidence Nos. 1 to 4, Eul evidence No. 1-1 and 2, and the purport of all arguments.

Attached Form

On December 13, 2011, concerning the land listed in the list 1 (hereinafter “instant land”), the Daegu District Court and racing-support C compulsory decision was rendered on December 13, 201. On July 24, 2012, the Plaintiff completed the registration of ownership transfer on July 25, 2012 due to the said successful bid.

B. On July 18, 201, the Defendant purchased a building listed in attached Table 2 (hereinafter “instant building”) on the instant land from D on the same day and completed the registration of ownership transfer on the same day.

2. According to the above facts of determination as to the cause of the claim, the defendant owned the building of this case and occupied the land of this case, which is its site. Thus, barring special circumstances, the plaintiff, the owner of the land of this case, is obligated to remove the building of this case and deliver the land of this case.

3. Judgment on the defense

A. The gist of the Defendant’s defense was that the Plaintiff acquired ownership of the instant land through a compulsory auction on July 25, 2012, and the Defendant acquired the statutory superficies under customary law on the instant building, and thus, cannot respond to the Plaintiff’s claim.

B. In a case where the ownership of land or a building on the ground which became the object of a compulsory auction for judgment is transferred to a buyer in the process due to a compulsory auction, if the ownership of the land or building on the ground is established under the customary legal superficies for the ownership of the building, the issue of whether the land and the building on the ground belong to the same person shall be determined based on the time the seizure takes effect, not on the price

The third party purchaser who acquired ownership of the object of auction after the attachment took effect due to the registration of the entry of the decision to commence compulsory auction.