1. With respect to each of the Plaintiff’s shares of 1/5, the Defendants shall be made up of light-frames on the ground of 600 square meters in Seoul Special Metropolitan City, Jeonbuk-gun.

1. Facts of recognition;

A. On October 28, 2015, the Plaintiff purchased the land indicated in the order (hereinafter referred to as “instant land”) from the Korea Saemaul Depository, and completed the registration of transfer of ownership on December 4, 2015.

B. The original land of this case completed the registration of ownership preservation on December 18, 1980, and on March 11, 1993, the registration of ownership establishment was completed, and on February 23, 2001, the registration of ownership creation was cancelled and the ownership was transferred to other. The ownership was acquired through a compulsory auction around June 30, 2005 by the Youngsan Saemaul Community Bank.

C. The deceased G completed the registration of ownership preservation on May 31, 1994 with respect to the building on the order on the ground of the instant land (hereinafter “instant building”). On May 9, 2010, the Defendants, who were their children, were the bereaved family members, were killed.

On the other hand, the building of this case was permitted on March 8, 1994, and approved for use on May 13, 1994.

[Ground of recognition] Unsatisfy, entry of Gap 1, 2, and 3 evidence, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants, who succeeded to the building from G, the owner of the building of this case, are obligated to remove the building of this case within the limit of 1/5 shares, each of which is the owner of the building of this case, and deliver the land of this case, barring special circumstances.

3. Judgment on the defense

A. The Defendants, the legal superficies defense under the statutory superficies or customary law, had already been newly constructed in October 1992, before the establishment registration of a neighboring mortgage was completed in the Haju Agricultural Cooperatives. Since the owners of the instant land and the instant building are identical to the Defendants, who are Defendant B or the general successor to the network, the Defendants asserted that the statutory superficies under the statutory superficies or customary law was established in respect of the instant building.

Modern, Defendant B.