1. The defendant shall be the plaintiff.

(a) 12,569,000 won and 12% per annum from April 8, 2020 to the date of complete payment.

1. Facts of recognition;

A. On October 14, 2013, the Plaintiff completed the registration of ownership transfer based on the sale on October 11, 2013, as regards Ulsan-gun, Ulsan-gun, Ulsan-gun, 314 square meters (hereinafter “instant land”).

B. Meanwhile, the Defendant’s network D built each of the buildings listed in the separate sheet on the instant land (hereinafter “instant building”) and acquired the ownership on the original land.

Since then D died on June 22, 1976, and D's inheritors, including the Defendant, co-ownership of the instant building, and the Defendant acquired ownership of the instant land on August 27, 1981.

[Reasons for Recognition] Unsatisfy, Gap 1 to 5 evidence, each entry (including additional number), Eul 1 and 2 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant asserted that the Plaintiff promised to remove the instant building at the time when the Plaintiff received ownership of the instant land, but did not perform this, occupies the instant land as the owner of the instant building.

Therefore, the Defendant is obligated to remove the instant building and deliver the instant land to the Plaintiff.

Even if it is not so, even if the Defendant acquired legal superficies, the statutory superficies holder is obligated to pay the land of this case, so the Defendant is obligated to pay the Plaintiff rent or unjust enrichment from October 14, 2013, which the Plaintiff acquired the ownership of the land of this case to the date of removal of the building of this case.

B. In a case where a site owner jointly owns a building on the ground and sells only the site owned by him 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 on the whole site for each building.

(See Supreme Court Decision 76Da388 delivered on July 26, 197, etc.). Co-owner of a building.