1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On August 1, 2002, the Defendant completed the registration of transfer of ownership based on sale on July 1, 2002, with respect to D large 66§³ and E large 511§³ (hereinafter “instant land”).

B. On June 29, 2006, the Defendant and the co-defendant B of the first instance trial (hereinafter “B”) completed the registration of ownership preservation on the instant building (hereinafter “instant building”) with the share of 1/2 of each of the four buildings, including the 4th unit of wood structure, the 40.59 square meters of single house of the woodenllll roof (dong title), the 33 square meters of single house of wooden structure, the 19.8 square meters of single house of wooden structure, the 19.8 square meters of single house of the woodenllllllllllll roof, the 19.8 square meters of single house of the wooden structure, the 19.8 square meters of single house of the woodenllllllllllllll roof (hereinafter “the instant building”).

C. The Plaintiff’s husband F applied for a compulsory auction against the instant land owned by the Defendant to Suwon District Court G for a compulsory auction on August 25, 2010, and completed the registration of ownership transfer on March 3, 201. The F died on March 2, 2013. As to the instant land on September 12, 2013, the Plaintiff completed the registration of ownership transfer due to inheritance by consultation and division on March 2, 2013.

After F acquired the ownership of the instant land, the Defendant and B (hereinafter “Defendant, etc.”) owned the instant building and jointly occupied and used the entire instant land for the purpose of maintaining and using the instant building and its affiliated facilities.

[Ground of recognition] A without dispute, entry of Gap evidence 1 through 3 (including each number, if any), the result of the survey and appraisal conducted by the appraiser H of the first instance court, the result of the ground appraisal conducted by the appraiser I of the first instance court, the purport of the whole pleadings

2. Determination

A. A. The owner of a site whether to acquire statutory superficies under customary law of the defendant et al. shares the above ground buildings together with others, and sells only the site owned by the defendant et al. to others without any condition to remove the building.