1. The plaintiff's claims against the defendants are all dismissed.

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

Facts of recognition

E acquired the ownership of F-owned land on September 22, 1992.

E on April 30, 1993, received a certificate from the head of Si/Gun on April 30, 1993 that he/she reported that he/she will convert the above land into a farming house and warehouse site, and that year.

9. Around 28, this case’s building was newly constructed on the land above.

E transferred the ownership of the instant land to Defendant A on October 13, 1995.

The land of this case was divided from the above F land on November 7, 2001.

On January 2, 2017, the Plaintiff acquired 1,167/2,876 of shares in the instant land through an auction procedure.

(Reasons for Recognition) Facts without dispute, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings.

Plaintiff’s assertion

Since the Defendants owned the instant building existing on the instant land, they should remove the instant building to the Plaintiff, the owner of the said land, and deliver the relevant site to the Plaintiff.

Judgment

Defendant A’s claim against Defendant A is the owner of the instant building located on the instant land, and the fact that the Plaintiff is the co-owner of the said land is as seen earlier.

However, as seen earlier, E constructed the instant building on the instant land, and later transferred the ownership of the instant land to Defendant A. As such, E acquired statutory superficies under the customary law for the ownership of the instant building with respect to the instant land, and Defendant A, who transferred the said building, may be deemed to have acquired the statutory superficies together with the instant building, barring any special circumstance, barring any special circumstance. Therefore, Defendant A may file a claim with the owner of the instant land for the registration of the establishment of statutory superficies on behalf of the transferor.

In addition, the Plaintiff’s seeking removal of the instant building against Defendant A, who is in the position to acquire legal superficies, is obligated to accept the burden of superficies and implement procedures for the registration of creation of superficies.