1. The Plaintiff:

A. Defendant B shall remove the buildings listed in paragraph 2 of the attached list and set out in paragraph 1 of the attached list.

1. Determination as to the cause of claim

A. The facts of recognition 1) D is the land listed in paragraph 1 of the attached Table No. 1 on September 7, 1996 (hereinafter “instant land”).

(2) The Plaintiff purchased the instant land on December 7, 2007 and completed the registration of ownership transfer on January 4, 2008. 2) D around September 20, 1996, on the ground of the instant land, newly constructed a building listed in attached Table 2 (hereinafter “instant building”). On February 14, 2001, E completed the registration of ownership transfer on the instant land.

3) On October 30, 2001, Defendant B purchased the instant building from E and completed the registration of ownership transfer on November 7, 2001, and thereafter Defendant C currently occupies and uses the instant building by leasing the instant building to Defendant C. [Grounds for Recognition] Facts that there is no dispute, Party B’s evidence Nos. 1, 2, and Party B’s evidence Nos. 2 (each entry, including the number, and the purport of the entire pleadings)

B. According to the above facts of recognition, Defendant B, who possesses the instant land for the purpose of owning the instant building, is obligated to remove the instant building and deliver the instant land to the Plaintiff, and Defendant C, who is the possessor of the instant building, has the duty to withdraw from the instant building, barring special circumstances.

2. Judgment on the defense of legal superficies under the customary law of Defendant B

A. Defendant B asserted that it cannot respond to the Plaintiff’s claim since it acquired legal superficies under the customary law on the instant land. Thus, according to the above facts, Defendant B owned all of the instant land and the instant buildings on the ground, and E changed the owners of the instant land and the instant building by completing registration of preservation of ownership on the instant building. As such, E changed the ownership of the instant land by completing registration of preservation of ownership. As such, it is under the customary law for the ownership of the instant building.