1. The defendant shall be the plaintiff.

(a) remove the buildings listed in Appendix 2;

(b) the land listed in Appendix 1;

1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.

On July 7, 1993, the Plaintiff acquired ownership by completing the registration of ownership transfer in the future with respect to the land of 433 square meters (hereinafter “instant land”).

[A] On the ground of the instant land, the buildings listed in the attached Table 2 (hereinafter “instant building”) are constructed.

On June 29, 1990, registration of preservation of ownership has been made on the building of this case.

[See [Attachment] A closed copy of the register attached to the amendment dated April 24, 2019. The Defendant purchased the instant building on January 19, 2014 and completed the registration of ownership transfer on January 21, 2014, thereby acquiring ownership of the building.

[A] The defendant is currently residing in the above building with the denial.

2. Determination

A. (1) The “legal relationship between land and a building”, which is adopted by the Civil Act of Korea, cannot exist regardless of the site that is the basis of the building. As such, the land that forms the site of the building ought to be deemed to be occupied by the owner of the building for the purpose of owning the building.

(See Supreme Court Decisions 80Da2718, Sept. 22, 1981; 91Da10329, Jun. 25, 1991; etc.). In a case where a building is constructed on another’s land, the owner of the building should have the right to use the land “right to use the land” for the existence of the building by acquiring a legitimate right to use the land between the landowner and the landowner by means of a lease contract for use of the land or a superficies contract, etc.

However, if the ownership of land is infringed due to the failure of the owner of the building to obtain a land use right, the owner of the land can request the owner of the building to remove the building and transfer the site.

Land to be acquired by the landowner due to the removal of a building.