1. Defendant B removed the buildings listed in paragraphs 2 and 3 of the attached Table 1 to the Plaintiff, and the land listed in paragraph 1 of the attached Table 1 to the Plaintiff.

1. Facts of recognition;

A. On March 6, 2019, the Plaintiff completed the registration of ownership transfer with respect to the land listed in attached Table 1 List 1 (hereinafter “instant land”).

B. Defendant B is the owner of each building listed in [Attachment 1] List 2 and 3 (hereinafter “each building of this case”).

Each building of this case is unregistered.

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

2. Determination as to the claim against the defendant B

A. According to the above facts of recognition as to the cause of the claim, Defendant B is obligated to remove each of the buildings of this case to the Plaintiff and deliver the land of this case to the Plaintiff, barring special circumstances.

B. As to Defendant B’s assertion, Defendant B asserted that “The instant land and each of the instant buildings were owned by Defendant B, and the compulsory auction procedure for the instant land was conducted, and its owner was different from each other around 2019, Defendant B acquired customary statutory superficies.”

If a mortgage is established before a compulsory auction or a provisional seizure for the purpose of a compulsory auction or for a building on the land or a building on the ground, and the mortgage is extinguished due to a compulsory auction thereafter, if the mortgage is established due to a compulsory auction after the establishment of the mortgage, the mortgagee shall obtain or incur unexpected damages to the owner of the land or a building on the ground after the establishment of the mortgage, even though he assessed the collateral value of the land or a building on the ground as at the time of the establishment of the mortgage, due to a sudden cause outside that the owner of the land or a building on the ground has changed after the establishment of the mortgage, which would have become more unfairly high or lower than that initially known to him. Thus, the land and the building at the time of the establishment of the mortgage shall be determined as at the time of the creation of the mortgage.