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The Defendants, with respect to each of their respective shares of 1/10, remove the buildings listed in attached Table 2, and the same list.
Reasons
1. Facts of recognition;
A. As to the land listed in attached Table No. 1 (hereinafter “instant land”), registration of ownership transfer was completed on May 31, 1993 in the name of L, on August 2, 2001, in the name of M on August 30, 2001, and on June 27, 201, in the name of the Plaintiff, on June 24, 2019, for the transfer of ownership due to a voluntary auction.
B. On the ground of the instant land, the building listed in attached Table No. 2 (hereinafter “instant building”) is a wooden flag and a branch roof house, and it is presumed that L was newly constructed before August 30, 201, and registration of ownership preservation was completed in L’s name on April 14, 2003.
C. L died on October 28, 2015, and the Defendants inherited 1/10 shares.
[Ground of recognition] Facts without dispute, Gap 1 through 8, purport of the whole pleadings
2. Determination
A. The Defendants are obligated to remove the instant building and deliver the instant land to the Plaintiff, except in extenuating circumstances.
B. Legal superficies 1 under the customary law: (a) in cases where the land belonging to the same person who acquired legal superficies under the customary law and the land and the building on the ground are different from the owner due to sale and purchase, etc., the building owner shall acquire legal superficies for the purpose of the ownership of the building (Supreme Court Decision 2012Da73158 Decided December 24, 201), barring any special agreement to remove the building (Supreme Court Decision 2012Da73158 Decided December 24, 201). As seen above, the land and the building in this case were owned by L, and there was no evidence that there was a special agreement to remove the building in this case due to the transfer of the ownership of the land in the M, thereby, L acquired legal superficies under the customary law on August 30, 201. The defendants’ acquisition of legal superficies under the customary law has received defense, and barring any special circumstance, the provisions on the superficies under the customary law between the parties concerned shall be applied mutatis mutandis.