1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. C completed the registration of ownership transfer for each of the instant lands on September 29, 2006, and completed the registration of ownership transfer on the same day on October 9, 2006 to ASEAN.

D The registration of ownership transfer was completed on February 20, 2012 on each land of this case to a convict Plaintiff on February 15, 2012.

B. C completed the registration of ownership transfer on each of the instant buildings constructed on September 19, 1997.

After May 8, 2012, the procedure for compulsory auction was commenced for the building in this case as Gwangju District Court Assistance E, and the defendant acquired ownership by paying the sale price on May 15, 2014 after obtaining the permission for the highest provisional sale of the building in this case from the above auction case.

[Ground] Evidence Nos. 1 through 3 and the purport of the whole pleading

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion C owned each of the instant lands and buildings, and donated only each of the instant lands to D on October 9, 2006, and at the time C agreed to remove the instant buildings on the ground to D.

Therefore, C was unable to obtain legal superficies under the customary law for the ownership of the instant building, so the Defendant, who acquired ownership of the instant building in the auction procedure, was also unable to obtain legal superficies under the customary law.

Thus, the defendant should remove the building of this case and deliver each land of this case to the plaintiff.

B. In a case where the owner of a building site and a building on the ground belonging to the same owner are different from each other due to sale and purchase, the owner of the building acquires legal superficies under common law for the building on the site unless there is a condition to remove the building. Meanwhile, the purchaser who acquired legal superficies for the ownership of the building by auction from the person who acquired the legal superficies for the ownership of the building acquires the building after purchase.