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1. For the plaintiffs:
A. Defendant C Co., Ltd. shall remove the buildings listed in paragraph 2 of the attached Table 1, and 2) the attached list.
Reasons
1. Basic facts
A. On November 24, 2015, the Plaintiffs acquired the ownership of F 2813 square meters of land for a factory and G 106 square meters of land for a factory (attached Form 1; hereinafter “instant land”).
B. On July 15, 2015, Defendant C Co., Ltd. (hereinafter “Defendant C”) acquired the ownership of two factories with two general steel structure board and sloped ground (hereinafter “instant building”) as stated in attached Table 2, newly constructed on the instant land, and Defendant D and Defendant E Co., Ltd. (hereinafter “Defendant E”) leased part of the first and second floors of the instant building from Defendant C, respectively, and occupied the instant building.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading
2. Determination
A. The Plaintiffs, as the owner of the instant land, can file a claim for exclusion of interference with Defendant D and E who interfered with the Plaintiffs’ exercise of land ownership by occupying the instant land for the preservation of ownership and exercise of rights. Thus, barring any special circumstance, Defendant C has the duty to remove the instant building and deliver the instant land, and Defendant D and E have the duty to withdraw from the instant building. 2) The determination of the Defendants’ assertion as to the assertion of legal superficies under customary law should be viewed as H regardless of the name of the owner. Since the ownership of the instant building belongs to H and the instant land and the instant building were transferred in sequence to Samsung FFia Co., Ltd and Defendant C, the ownership of the instant building was owned by the instant land and the instant building were transferred in succession, the Defendants asserted that statutory superficies under customary law for the instant building is established with respect to the instant land.
Legal superficies under customary law are land and buildings.