1. The defendant,

(a) Attached Form 2 shall be indicated to the Plaintiff (Appointed Party) and the Selection C, among the 371m2 square meters in Yangyang-gun D, Gyeonggi-do.

1. Facts of recognition;

A. On May 7, 2015, the Plaintiff (Appointed Party) completed the registration of ownership transfer for shares of 386/89 square meters and E 528 square meters (hereinafter “each of the instant lands”) for each of the 386/89 square meters (hereinafter “each of the instant lands”). On January 2, 2017, the Selection completed the registration of ownership transfer for shares of 513/899 out of each of the instant lands.

B. Around 1999, the Defendant newly constructed each of the buildings listed in Section 1(a) of the Disposition No. 1 on the ground of each of the instant land (hereinafter “instant building”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3 and Eul evidence 1 (including branch numbers), the purport of the whole pleadings

2. Determination as to removal of buildings and requests for delivery of land

A. According to the above facts, the defendant owned the building of this case on the ground of each of the lands of this case, thereby hindering the exercise of ownership by the plaintiff (appointed party) and the appointed party C. Thus, barring any special circumstance, the defendant is obligated to remove the building of this case and deliver the site to the plaintiff (appointed party) and the appointed party C.

B. As to this, the defendant newly constructed the building of this case with F's approval for use from the land owner who was the owner of each of the land of this case, it is against the defendant that there is an agreed superficies on each of the land of this case.

However, as long as the Defendant did not register the creation of superficies, it cannot be deemed that the agreed superficies on each of the lands of this case has been acquired, the Defendant’s above assertion is without merit.

3. The judgment of the Defendant on the claim for return of unjust enrichment was made by the Plaintiff (Appointed Party) and the appointed Party C prior to acquiring ownership of each of the instant lands from the date of closing argument, thereby gaining profit by occupying and using each of the instant lands until the date of closing argument, and thereby causing damage to the Plaintiff (Appointed Party) and the appointed Party C.