1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 14, 2008, the registration of ownership transfer was completed in the name of the defendant and D on April 14, 2008 with respect to each one-half share of the 1/2 share of the previous building site in the Jeonbuk-gun, Jeonbuk-gun (hereinafter “instant building site”), and thereafter, Eul, the mother of D, completed the registration of ownership transfer on September 13, 2010 with respect to each share of D 1/2 share.

B. As to the buildings listed in the separate sheet No. 1 that were constructed on the instant site, E completed the registration of initial ownership on September 17, 201 after obtaining approval for use on November 15, 201. As to the buildings listed in the separate sheet No. 2 that were constructed on the instant site (hereinafter “instant building”), the Defendant completed the registration of initial ownership on November 15, 201 after obtaining approval for use on November 15, 201.

C. After doing so, the Defendant filed a lawsuit against E to divide co-owned property as the court 2013da4539, and the judgment ordering auction division was rendered on January 14, 2014 and became final and conclusive.

In the auction procedure commenced on the basis of the above judgment, the Plaintiff acquired ownership by fully paying the sale price for the instant land on August 20, 2014.

E. As of the closing date of the instant pleading, the Plaintiff’s claim for delivery among the instant land is being used as the site for the instant building.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 1, 3, 4, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant, as the owner of the instant building, is obligated to remove the instant building to the Plaintiff, who is the owner of the instant building, and deliver 49.5 square meters of the instant building site among the instant building sites, barring special circumstances.

3. Judgment on the defendant's defense

A. Since the Defendant’s defense and E were divided into ownership of the instant land, the Defendant acquired statutory superficies under the customary law on the instant building by winning a successful bid for the instant land, and thus, the Defendant is the legal superficies as above to the Plaintiff.