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. Facts of recognition;

A. On November 6, 2002, D completed the registration of ownership transfer with respect to the land of this case with respect to the land of 122 square meters in Jeonnam-gun, Jeonnam-gun (hereinafter “instant land”). On November 20, 2002, D filed a building report on the instant housing with the principal as the owner, but on March 31, 2003, D changed the owner of the instant housing to the Defendant.

B. On May 28, 2003, the Defendant registered the use approval of the instant house as the owner on the building ledger. The Defendant’s creditor FF safe completed the registration of ownership preservation on the instant house in the name of the Defendant on July 29, 2008.

C. On April 24, 2017, the Plaintiff obtained the decision to permit sale of the instant land in the real estate auction procedure for the real estate interest support E in Gwangju District Court, paid all the proceeds of sale on May 26, 2017, and completed the registration of ownership transfer on the instant land.

At present, the instant housing and boiler rooms were constructed on the ground of the instant land, and the relative location of the instant housing and boiler rooms are as indicated in the attached drawings.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3, 9, 10 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the Defendant owned the instant land by owning the instant housing and boiler room on the ground of the instant land. Barring any special circumstance, the Defendant is obligated to remove the instant housing and boiler room and deliver the instant land to the Plaintiff, barring any special circumstance.

3. Judgment on the defendant's defense

A. Determination 1 on the defense of the Defendant’s possession of legal superficies under customary law : D, on the ground of the instant land, newly built the instant housing and boiler room on the ground of the instant land, and subsequently acquired it. The Defendant: (a) around March 31, 2004, when D acquired the instant housing and boiler room from its original acquisition (the name of the owner).