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1. The defendant
(a) The single floor of the slive roof of reinforced concrete structure, 2-dong reinforced concrete structure, slive ground, in the Jeonbuk-gun, Jeonbuk-gun;
Reasons
1. Determination as to the cause of claim
A. On September 29, 2014, the ownership transfer registration was completed in the name of the Plaintiff with respect to the land size of 499 square meters in the Jeonbuk-gun, Jeonbuk-gun (hereinafter “instant real estate”). As to the single floor of 45 square meters for single-story 1, 28.24 square meters for single-story 1, 2012 in the name of the Defendant, the ownership preservation registration was completed on September 17, 2012. The construction area of the instant building among the instant real estate is 49.5 square meters (hereinafter “the construction area of the instant building”), or there is no dispute between the parties, or in full view of the entries in the evidence No. 1 through 3, No. 2-2, No. 2-3, and No. 3 through No. 6 and the purport of the entire pleadings, the entire pleadings can be acknowledged.
B. According to the above facts, the defendant owned the building of this case on the land of this case owned by the plaintiff, and possessed the building area of this case among the real estate of this case owned by the plaintiff. Thus, the defendant is obligated to remove the building of this case to the plaintiff and deliver the building area of this case to the plaintiff unless there are special circumstances.
2. Judgment on the defendant's assertion
A. The gist of the Defendant’s assertion 1) The Defendant owned one-half of the instant real estate under the ownership of one-half of the instant real estate and owned the instant building. 2) Thereafter, the ownership was transferred to the Plaintiff due to auction by the judgment on partition of co-owned property only on the instant real estate.
3) The Defendant, the owner of the instant building, acquired legal superficies under the customary law for the instant building against the Plaintiff, the owner of the instant real estate. (B) Determination 1) If a person who has sectional ownership of a certain piece of land loses his/her share ownership for any reason while owning a building in his/her specific part of land, the statutory superficies under customary law for the instant building.