1. The Defendant indicated in the attached Form No. 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, among the land size of 127 square meters of Gangwon-gun C Forest in Gangwon-gun, Gangwon-gun, the Plaintiff.

1. Basic facts

A. On March 11, 1989, the Plaintiff completed the registration of ownership transfer as to the remaining 3,504/16,06 shares among the instant land on June 22, 201, with respect to the share of 12,562/16,06, out of 127 square meters of Gangwon-gun C Forest (hereinafter “instant land”).

B. On December 20, 2004, the Defendant completed the registration of transfer of ownership with respect to cement block structure E, cement block structure, lux roof, one-story neighborhood living facilities, and 121.35 square meters of housing (this refers to the area on the register, and the actual area based on the survey appraisal appears to be 126 square meters; hereinafter “instant building”).

C. Part of the instant building is located on the ground of 75 square meters in the part (d) in the ship connected each point of 20, 21, 22, 23, 24, 25, 26, 27, 27, 28, 29, 30, 31, 32, and 20 of the attached drawing among the instant land.

[Ground of recognition] Facts without dispute; Gap evidence 6-9 and 12-2; the result of this court's commission of appraisal to the Dongdaemun-dong Vice-Governor of the Korea Land Information Corporation; the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, since the defendant owned part of the building of this case on the land of this case on the land of this case, thereby hindering the plaintiff's exercise of ownership on the land of this case, the part on the land of this case on the land of this case on the land of this case is to be removed and the land of this case is to be transferred to

(A) The claim for the exclusion of disturbance based on ownership is accepted as above. Thus, the claim for the exclusion of disturbance based on ownership is not determined on the termination of the lease contract which is related to the selective claim. 3. Determination of the defendant's defense

A. The defendant of legal superficies has a defense to the effect that the defendant cannot respond to the plaintiff's claim, since he acquired legal superficies under the customary law for the ownership of the building of this case with respect to the land of this case.

However, in order to establish legal superficies under customary law, land and buildings are the same person.