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1. The defendant removes the building indicated in the attached Table 1 list to the plaintiff and delivers the land indicated in the attached Table 2 list to the plaintiff.
2...
Reasons
Basic Facts
On February 26, 2010, the registration of transfer of ownership was completed on August 17, 2010 on the land listed in the attached list 2 list.
On January 23, 2018, the registration of ownership transfer was completed on January 24, 2018 with respect to the building listed in the attached Table 1 list on the land in the attached Table 2 list.
[Reasons for Recognition] Fact-finding, Gap evidence 1 to 4, and the judgment of the court below as to the ground for claim of the whole pleadings, the defendant is obligated to remove the buildings listed in the attached Table 1 list to the plaintiff who exercises the right to claim the exclusion of interference based on the ownership of the land listed in the attached Table 2 and deliver the land listed in the attached list 2.
The defendant's argument regarding the defendant's assertion is that since around 1925, the building listed in the annexed sheet 1 and the land listed in the annexed sheet 2 were co-owned from around 1925, and thereafter, since the owner of the building listed in the annexed sheet 1 and the land listed in the annexed sheet 2 differs from the owner of the land listed in the annexed sheet 1, the legal superficies under the customary law for the building listed in the annexed sheet 1 is established. However, it is insufficient to recognize that the building listed in the annexed sheet 1 and the land listed in the annexed sheet 2 were co-owned from around 1925, and there is no other evidence to prove that the building and the land listed in the annexed sheet 2 belong to the same owner, but were different from the building and the
The plaintiff's claim of this case is accepted.