1. As to the Plaintiff, Defendant D’s share 234/10,40, Defendant E-2,652/18,200 shares, Defendant F and G are 1.

The recognition of the determination of each of the lands listed in the separate sheet No. 2 (hereinafter “each of the instant lands”) was owned by the network I (hereinafter “the deceased”). On September 5, 1981, the deceased died, and the Defendant B, a child, inherited the land solely by agreement and division.

On July 31, 2017, the Plaintiff was awarded a successful bid for each of the lands in the compulsory auction procedure with respect to each of the instant lands.

On October 4, 1974, the deceased completed the registration of initial ownership on each of the instant lands listed in the separate sheet No. 1 (hereinafter “the instant building”). On September 5, 1981, the deceased died, and the Defendants inherited it as the inheritance shares listed in the separate sheet No. 3, and the remaining shares were inherited by J, K, and L, respectively.

【In light of the above-mentioned facts to determine the purport of each of the statements and arguments set forth in Evidence A Nos. 1 and 2 (including paper numbers), the defendants are obligated to remove the buildings of this case and deliver each of the lands of this case to the plaintiff with respect to the inheritance shares listed in the separate sheet Nos. 3.

Since Defendant B and C’s judgment on the legal superficies defenses under customary law established legal superficies for each of the instant land, the said Defendants did not have any obligation to comply with the removal of the instant building and the claim for delivery of land.

If a site owner shares a building with another person and sells only the site owned by him/her to another person without any condition to remove the building, the co-owners of the building shall acquire legal superficies in accordance with customary law for the whole site for each building.

(See Supreme Court Decision 76Da388 delivered on July 26, 197). As seen earlier, while Defendant B, who is the owner of each of the instant lands, shared the instant building with other inheritors, the Plaintiff acquired only the ownership of each of the instant lands.