1. The defendant shall display the annexed drawing(a), (b), (c), (d), and (a) on the plaintiff among the area of 133 square meters in Jeoncheon-si, Jeoncheon-si.

1. Basic facts

A. On August 1, 1994, the Defendant purchased a C & 133 square meters (hereinafter “instant land”) in order to complete the registration of transfer by purchasing it.

At the time, there were some old buildings newly built by the former owner on the land of this case.

B. While the Defendant opened, repaired and used the above building, he remodeled the ground by setting up a fume, setting up a fume, etc., and used it as a warehouse.

C. The Plaintiff purchased the instant land in the procedure for compulsory auction at this court DD and completed the registration of ownership transfer on April 28, 2015.

At the time, the building mentioned in Paragraph 1 of the Disposition, which existed on the instant land (hereinafter “instant building”) was excluded from sale as an unauthorized or unregistered building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant did not have a legitimate title to occupy the instant land. Therefore, the Plaintiff, the owner of the instant land, is obligated to remove the instant building and deliver the relevant part of the land to the Plaintiff. 2) The Defendant owned both the instant land and the building alleged by the Defendant, and each owner was divided by auction, and the Defendant, the building owner, acquired statutory superficies under the customary law as to the relevant land.

B. Determination 1: (a) The statutory superficies under customary law is a different owner of land and a building on the ground owned by the same person for sale, purchase, or any other cause; (b) but, unless otherwise stipulated, it is acknowledged that allowing the building owner to continue to use the land, barring any special agreement on the removal of the building; and (c) thus, in cases where it is deemed that there exists an agreement between the parties as to the occupancy or use of the land or where the landowner concurrently acquired the right to dispose of

Therefore, the unregistered building is not registered, and it is the site.