1. The defendant removes to the plaintiff the buildings listed in the attached list of 11,273m2 on the land of 11,273m2 in Seo-gu, Busan.

1. In full view of the facts that there is no dispute between the parties to the judgment as to the cause of the claim and the contents and images of Gap evidence 1, 3, 4, 5, Gap evidence 2-1, 2, and Eul evidence 2-1, and Eul evidence 2-1, the defendant is obligated to remove the building of this case to the plaintiff who is the owner of the building of this case, remove the building of this case and deliver the land of this case on the ground of the land indicated in the plaintiff's order (hereinafter "land of this case"), barring special circumstances.

2. Judgment on the defendant's defense, etc.

A. As to the determination on the claim of statutory superficies under customary law, the Defendant newly constructed the instant building with the consent to use the instant land from C, the former owner of the instant land, and the Defendant did not conclude a special agreement to remove the instant building in the event the owner of the instant land is changed between C and C. Thus, the Defendant asserted to the effect that it cannot comply with the Plaintiff’s request for removal of the instant building and delivery of the land on the ground that he acquired the statutory superficies under customary law on the instant land.

Therefore, we cannot accept the defendant's assertion as long as there is no room for establishing legal superficies under customary law against a person who newly constructed a building on the ground with the landowner's consent (see, e.g., Supreme Court Decision 90Meu26003, Oct. 30, 199).

B. The defendant does not have a specific use plan for the land of this case, and the two voluntary auction procedures for the land of this case are underway, despite the fact that the plaintiff could actually use and benefit from the land of this case, it is only obvious to seek removal of the building of this case and delivery of the land of this case against the defendant.