1. The defendant is not less than 5,765 square meters among the total area of 5,765 square meters to the plaintiff.

(a)each point of the attachment 9 to 12, and 9.

In full view of the purport of the entire pleadings as a result of the Plaintiff’s appraisal and appraiser D’s appraisal, the Plaintiff is an owner of not less than 5,765 square meters prior to Gyeongcheon-gun, Chungcheongnamcheon-do, and the Defendant’s order on the ground of the above real estate

A. Recognizing the fact that the owner of buildings, trees, etc. as stated in paragraphs (1) through (7) is the owner, barring any special circumstance, the defendant is obligated to remove or remove the above buildings, trees, etc. and deliver each occupied part to the plaintiff.

However, there is no evidence to acknowledge that the defendant has superficies on each of the above buildings and trees, since the defendant leased and occupied and used the same from the clan, which is the actual owner of the above real estate.

Furthermore, even if the defendant asserts, the defendant's leasing of the clan from E is about 60 years prior to the lease of the clan, so the duration of superficies seems to have already been terminated.

The defendant's argument is without merit.

Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.