1. The defendant shall be the plaintiff.

(a) Of the east-gu, Dong-gu, Chungcheongnam-gu, Seoul, each point is indicated in the annexed drawings (1), (2), (3), (4), and (1).

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff’s land indicated in Article 1-b (b) of the Disposition on November 25, 2014 (hereinafter “instant land”).

2) The Defendant purchased the instant land by auction. 2) The Defendant owns an indication of the annexed drawings (1), (2), (3), (4), and (1) the annexed drawings (1), (4), (5), (3), (3), the annexed drawings (hereinafter “each of the instant buildings”) on the part of the instant land, which connected each point of the following: (1), (2), (4), (4), (5), (4), (5), (6), and (7), the indication of the annexed drawings, (7), (8), (9), (7), the attached drawings, (1), (1), (2), (3), (1), (2), (3), and (1) the adjacent part of the instant land, which connected each point of the (2) part of the instant land,

3) Since May 27, 2013, the Defendant used the remaining parts of the instant building site for the purpose of breeding as well as the remaining parts of the instant land for the purpose of breeding. The fact that there is no dispute over the grounds for recognition, entry in Gap evidence Nos. 1 through 5, and the purport of the whole pleadings.

B. Therefore, barring any special circumstance, the Defendant is obligated to remove each of the instant buildings to the Plaintiff, deliver the instant land, and obtain profit equivalent to the rent by occupying and using the instant land, and to return unjust enrichment equivalent to the rent to the Plaintiff, who is the owner of the instant land, as the Plaintiff suffered loss equivalent to the same amount.

2. Determination on the defense, etc.

A. The Defendant asserted that the land of this case was lawfully leased from D, the former owner of the land of this case, and the Plaintiff acquired the ownership of the land of this case due to the exercise of mortgage, and the Defendant has the legal superficies for owning each of the buildings of this case.

The legal superficies under Article 366 of the Civil Code is the object of the mortgage from the time of the creation of the mortgage.