1. The defendant-appellant is the plaintiff.

(a) remove each building listed in the separate sheet Nos. 2 and 3, and the separate sheet;

1. Facts of recognition;

A. On May 22, 2001, the land listed in attached Table No. 1 (hereinafter “instant land”) was registered for transfer of ownership in the name of Nonparty C. On November 16, 2007, the decision to voluntarily commence auction was rendered on November 11, 201 with the execution of the right to collateral security established on November 16, 2007. In the above auction procedure, the Plaintiff was awarded a successful bid and completed the registration of transfer of ownership on September 13, 201.

B. On September 22, 2014, the Defendant several intervenors completed the registration of ownership transfer on each of the buildings listed in the separate sheet Nos. 2 and 3 (hereinafter “instant building”) on the instant land on August 28, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 7 through 10 (including provisional number), the purport of the whole pleadings

2. Determination:

A. According to the above facts of determination as to the cause of the claim, unless there are special circumstances, the defendant's intervenor shall be deemed to possess the land of this case by owning the building of this case on the land of this case, and further examining the scope of the land in possession, it is reasonable to view that the whole land of this case is occupied in light of the current status of the land and the building.

Therefore, the Defendant number intervenor, who is the owner of the instant building, has the duty to remove the instant building and deliver the instant land to the Plaintiff, who is the owner of the instant land, and has the duty to return unjust enrichment equivalent to the rent.

B. As to the determination of the assertion by the Defendant and the Intervenor, the Defendant and the instant building were newly constructed by Nonparty C, who was the owner of the instant land at the time of 2001, and thus, the legal superficies cannot be established and the Plaintiff cannot respond to the Plaintiff’s claim.

Only the descriptions of Dop, Eul Nos. 3 through 16 (including Gap numbers) are the C’s ownership newly built by C at the time the instant building was the owner of the instant land.