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1. The defendant shall appoint the plaintiff (appointed party) and the appointed party:
(a) Description of the attached Form No. 1, 2.
Reasons
1. The following facts are acknowledged according to the purport of Gap evidence Nos. 1 to 5, Eul evidence No. 1-1 to 3, and the whole arguments.
A. Busan Shipping Daegu C & 12694 square meters of forest land (hereinafter “instant land”) was originally owned D. The ownership was transferred to E on February 27, 1968, to F on November 5, 1969, to G on August 11, 1980, and thereafter on November 19, 2014, the Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiff, etc.”) acquired the ownership by winning a bid at auction.
B. On the instant land, the buildings indicated in Section 1-A (hereinafter “instant building”). According to the building management ledger, E newly built around July 1970 and around H around July 26, 1970 and September 4, 2014, the right to manage and dispose of the instant building was substantially transferred to the Plaintiff on September 13, 2014, via I, around July 26, 1970.
2. The assertion and judgment
A. According to the above facts, barring any special circumstance, the Defendant is obligated to remove the instant building to the Plaintiff, etc., deliver the part of the building, and return unjust enrichment equivalent to the rent due to the Defendant’s use of the said land without authority from the time when the Plaintiff, etc. acquired ownership of the said land to the time when the Defendant transferred the said land.
B. The defendant asserts that the statutory superficies under customary law has been established as to the building of this case.
However, there is insufficient evidence to recognize that the instant land and the instant building belonged to the same owner, and in cases where the ownership of the instant land and the instant building were sold to a person who owns the building site and the instant building, but only the ownership registration was made, and the ownership of the building remains in the name of the seller and the building remains in the name of the seller, the occupancy and use of the relevant site may be resolved according to a contract between the parties to the sales contract.