1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

The defendant shall set forth in attached Form 1 to the plaintiff.

1. Basic facts

A. On January 2, 2004, the registration of transfer of ownership in the name of the Plaintiff was completed on January 2, 2004 with respect to the 1,777 square meters prior to Seocheon-si.

B. As to the registration of ownership transfer in the name B on March 28, 1974, ② the registration of ownership transfer in the name E on October 11, 2013, ③ the registration of ownership transfer in the name of the Defendant was completed on September 12, 2014, respectively.

C. B acquired legal superficies as to the part on the site of the building in this case among the above land, and the land rent determined in the judgment of the District Court 2008Gadan39786 (Main Office) 664702 (Counterclaim), which was rendered on December 17, 2010 (the above judgment was rendered on January 12, 201, and became final and conclusive) is KRW 1,43,500 per annum.

[Reasons for Recognition] Facts without a partial dispute, each entry in Gap evidence 1 and 2 (if the provisional number is not separately indicated, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. 1) According to the facts as to the cause of the claim, barring any special circumstance, the Defendant is obligated to remove the instant building and deliver part of the site to the Plaintiff, barring any special circumstance. 2) The Defendant acquired statutory superficies as to the part of the site of the instant building among the above land, and thus, the Plaintiff’s claim for this part of the claim is groundless. (B) In the event the owner of the building who acquired statutory superficies transfers the building, barring any special agreement, the agreement on the transfer of ownership of the building includes an agreement on the transfer of statutory superficies (see Supreme Court Decision 95Da52864, Apr. 26, 1996). The person who acquired the building from the owner of the building with statutory superficies and transferred the legal superficies to the legal superficies may seek the execution of the registration for the creation of the superficies and the transfer registration procedure in order against the former owner of the building and the owner of the site in accordance with the obligee’s subrogation doctrine.