1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Judgment of the court of first instance is delivered with the assent of all Justices.

1. The reasons for the acceptance of the first instance judgment are as follows: (a) the Defendant added the following “additional Determination” as to the assertion that the Defendant emphasizes or adds to this court; (b) the second 15th of the second 15th of the judgment of the first instance as “net lane”; and (c) the third 2 and 4th 10th “ June 28, 2016” as “ June 28, 2017”; and (d) the third 15 and 16th 3rd 15 are the same as the reasons for the first instance judgment, except where the third 15 and 16th 3rd 1 are deemed to have occurred or to have occurred,” and thus, they are cited as is in accordance with the main sentence of Article 420

2. Additional determination

A. First, the defendant asserts that when Eul, the former owner of the land of this case, sells the land of this case to the defendant, superficies is established under the customary law for the unregistered building of this case, and the defendant has the right to seek the transfer of superficies under the customary law for the unregistered building of this case, as well as the transfer registration of ownership of the unregistered building of this case, which is the subordinate right, to E, and that the plaintiffs' claim against the defendant for removal of the unregistered building of this case cannot be permitted as an abuse of right.

However, in a case where the transferee of an unregistered building, who received the registration of ownership transfer only in respect of the building site, and the owner of the building becomes different under the condition that the building site is not transferred, the transferee of the unregistered building does not have the right to dispose of the unregistered building, and therefore, it cannot be deemed that the building site and the building belong to the ownership of the same person. Therefore, in a case where the ownership transfer registration is made only on the building site and the building were sold from the original owner to the one who owned the building site and the building remains in the name of the seller and the ownership of the building remains in the name of the seller, and the owner of the building becomes different from the owner of the building site and the building.