1. The Defendant (Appointed) removed the building indicated in the attached list to the Plaintiff, and deliver the land 52.8 square meters to the Plaintiff.

Facts of recognition

C Purchasing buildings listed in the attached list (hereinafter “instant building”) from D, and completed the registration of ownership transfer on May 24, 2001.

On May 18, 2006, the Plaintiff completed the registration of ownership transfer based on sale with respect to the E-mail 206 square meters (hereinafter “instant land”).

C filed a lawsuit against the Plaintiff (U.S. District Court 2014Da34108). The cause of the lawsuit was “C acquired statutory superficies under the customary law on the instant land,” and the Plaintiff was “A shall pay the amount equivalent to the officially announced land price of the land from C and shall implement the procedure for the registration of ownership transfer on the said land.”

The above court rendered a judgment dismissing C’s claim on the ground that C did not acquire legal superficies because the land and the building in this case belong to the same owner, and the appeal by C against the above judgment was dismissed (the same court 2014Na42926), and the appeal by C against the appellate court was dismissed.

(Supreme Court Decision 2016Da16221). C died on August 4, 2017, and the heir (appointed; hereinafter “Defendant”) and the designated parties taken over the instant lawsuit.

(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 and 2 (including each number), and the purport of the whole pleadings.

Judgment

According to the above facts, the defendant and the designated parties owned the building of this case on the land of this case owned by the plaintiff, so the above building should be demolished and delivered to the plaintiff.

The plaintiff's claim is accepted.