1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On December 10, 2014, the Plaintiff: (a) awarded a successful bid for land (hereinafter “instant land”) owned by H, Kim Jong-si and six parcels of land (hereinafter “instant land”); (b) paid the sale price on January 2, 2015; and (c) acquired the ownership of the said land.

B. On the ground of the instant land, the building indicated in the attached list owned by H (hereinafter “instant building”) was built in an unregistered state, and the Defendant leased and resided from H about 50.7 square meters (15 square meters) of the instant building on the fourth floor from H.

C. On December 1, 2015, the Plaintiff filed a lawsuit seeking the payment of land rent against H with respect to the instant building (Seoul District Court Decision 2015Gau19514, Changwon District Court Decision 2015Gau19514) and received a decision of performance recommendation from the above court. The decision of performance recommendation was finalized as it is, on the ground that H did not raise any objection thereto.

Nevertheless, H did not pay rent to the Plaintiff, on January 16, 2017, the Plaintiff filed a lawsuit seeking removal of the instant building and delivery of the instant land (Chowon District Court 2017No. 509) and filed a claim for the extinction of legal superficies on the ground of delinquency in payment of rent for more than two years.

On March 8, 2017, the above court rendered a judgment accepting all the plaintiff's claims, and the judgment became final and conclusive as it is.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

(a) Even in cases where the owner of land is able to demand the owner of the building to remove the building and deliver its site on the ground that the building to determine the cause of the claim is not equipped with the right to use the land for its existence, if a person other than the owner of the building occupies the building, the owner of land shall not undertake the removal of the building unless the building is removed.

Therefore, the ownership of land at that time is the above possession.