1. The defendant remove the building indicated in the attached list to the plaintiff and deliver the land indicated in the attached list to the plaintiff.

2...

1. Determination as to the cause of claim

A. 1) The land and buildings listed in the separate sheet (hereinafter referred to as the “instant land”) and the “instant building” as indicated in the separate sheet

(B) all school foundations B (hereinafter referred to as “B”)

The Defendant owned the instant building. After completing the registration of ownership transfer on August 22, 200 due to sale and purchase on August 18, 200, the Defendant occupied and used the instant land as a site for the ownership of the instant building. Meanwhile, the instant land is an incorporated association C (hereinafter “C”) on October 21, 200 due to sale and purchase on September 30, 200.

(2) On November 1, 2013, the Plaintiff’s registration of ownership transfer was completed in the voluntary auction procedure for the instant land, and the Plaintiff paid full payment of the purchase price on August 5, 2004 and completed the registration of ownership transfer on September 8, 2004. (2) On November 21, 2013, the Plaintiff filed against the Defendant for the claim for the determination of rent (this Court Decision 2013Da9122) against the Defendant, which was rendered against the Defendant as a customary legal superficies, and the land rent was determined after September 9, 2004 to September 30, 201 and the land rent was determined after October 1, 2012. The said judgment became final and conclusive on November 21, 2013.

3) On November 27, 2013 and December 6, 2013, the Plaintiff filed a claim with the Defendant for the payment of land rents according to the above final judgment, but the Defendant did not pay the land rents. On July 8, 2014, the Plaintiff filed a written notification with the Defendant that he/she would claim the extinction of statutory superficies on the ground of payment of land rents for at least two years, while claiming for the payment of land rents according to the said final judgment. The Defendant received the said written notice on July 9, 2014 and did not pay the land rents even after the Defendant was served with the said written notice. [In the absence of dispute over the grounds for recognition, evidence A 1 through 5, and the purport of the entire pleadings, the purport of all pleadings.

(b) When the statutory superficies is established and the amount of the land is determined by the judgment, when the superficiary delays the payment of the land rent for a reasonable period of time due to the reasons attributable even after the judgment became final and conclusive.