1. The Defendants:

(a) In Sung-si E 1,2,3,4,5,6, and 1 of the annexed drawings on the ground of 1673 square meters of land in 1,2,3,4,5,6, respectively.

1. Facts of recognition;

A. The Plaintiffs jointly awarded the instant land in Suwon District Court F real estate rental auction (hereinafter “instant land”) and completed the registration of ownership transfer on May 1, 2013, with each of 1/2 shares registered on May 1, 2013.

B. The Defendants asserted that each of the instant buildings, other than the presentation of separate drawings, on the instant land, was owned for 18 years (hereinafter “each of the instant buildings”), and that the Defendants occupied each of the instant buildings.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendants are obligated to remove each of the buildings of this case to the plaintiffs and deliver the land of this case, unless there are special circumstances.

(1) The Defendants asserted that the Defendants have legal superficies as stipulated under Article 366 of the Civil Act on the instant land. The Defendants asserted that the instant land has legal superficies as stipulated under Article 366 of the Civil Act on the following grounds: (a) a person who is in the position to legally or factually dispose of the building in possession, such as purchasing and possessing the building from the former owner; and (b) a person who is in the position of disposal.

Inasmuch as statutory superficies under Article 366 of the Civil Act is recognized in cases where land and buildings owned by the same person belong to the ownership of each other by auction by the exercise of mortgage at the time of the establishment of mortgage, if the land and buildings belong to the ownership of each other, the ownership of the building is recognized. Therefore, in cases where a purchaser of unregistered buildings together with the building site has acquired the registration of ownership transfer only for the building site, and the building has not been registered as a result of the transfer of ownership, but if the building site was sold by auction due to the execution of mortgage and the execution of the mortgage, it is difficult to establish the statutory superficies because the building site and buildings are already owned by the other