1. The defendant remove the building indicated in the attached list to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3...

1. According to the records in Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 3 as to the cause of the claim, the plaintiff completed the registration of transfer of ownership on October 31, 2012 with respect to the land of 813 square meters of land for the farm in Ysan-si (hereinafter “instant land”) on November 2, 2012, and the defendant completed the registration of transfer of ownership on November 12, 2010 with respect to the buildings listed in the attached list on the instant land (hereinafter “instant building”) on November 10, 2010.

Therefore, barring special circumstances, the Defendant, the owner of the instant building, is obligated to remove the said building to the Plaintiff, the owner of the instant land.

2. The Defendant’s defense was owned by D both the instant land and buildings, but the right to collateral security was established on January 19, 199, and the ownership was transferred to E through voluntary auction on May 31, 2010. Accordingly, D proves to the purport that the Plaintiff, who acquired land from E, cannot seek removal of the said building, because it acquired legal superficies under Article 366 of the Civil Act and acquired legal superficies along with the ownership of the said building.

According to the above evidence, D completed the registration of ownership transfer on August 9, 1996 with respect to the instant land on the ground of sale, and D completed the registration of ownership transfer on January 18, 199 with respect to the said land at issue to the Korea Credit Guarantee Fund and the Korea Technology Credit Guarantee Fund. However, it is recognized that D transferred the ownership of the said land to E due to the execution of the said right to collateral security.

However, there is no evidence to acknowledge the existence of the instant building owned by D at the time of the establishment of the first priority collective security right, and instead, according to the evidence Nos. 2 and 1 evidence, D obtained approval for use of the instant building on December 3, 2003 and obtained in the building ledger.