1. The defendant shall remove each building listed in the separate sheet No. 2 to the plaintiff, and the land listed in the separate sheet No. 1.

1. Comprehensively taking account of the purport of the entire pleadings in Gap evidence No. 1 as to the cause of the claim, the plaintiff purchased the land listed in the separate sheet No. 1 (hereinafter “instant land”) from the K non-Real Estate Trust Co., Ltd. (hereinafter “K non-Real Estate Trust”) on September 12, 2014 and completed the registration of ownership transfer as to the instant land on October 27, 2014. The defendant newly constructed a building listed in the separate sheet No. 2 (hereinafter “instant building”) on the instant land and completed the registration of ownership preservation as to the instant building on January 20, 2012.

According to the above facts, the defendant owned the building of this case on the land of this case, which is owned by the plaintiff, and possessed the land of this case. Thus, barring any special circumstance, the defendant is obligated to remove the building of this case and deliver the land of this case to the plaintiff.

2. Judgment on the defendant's assertion

A. The Defendant asserts that the statutory superficies is established under customary law, concluded a real estate trust agreement with KB real estate trust and the real estate mortgage trust with respect to the instant land owned by the Defendant, and transferred the ownership to KB real estate trust in the form of the ownership. Since the Defendant constructed the instant building and actually owned the instant land until the ownership of the instant land is transferred to the Plaintiff, the Defendant asserts that the statutory superficies is established under customary law with respect to the instant land.

The trust under the Trust Act requires the trustee to manage and dispose of the property right for the purpose of the trust by transferring a specific property right to the trustee or disposing of it (Article 1(2) of the Trust Act). Therefore, if the registration of ownership transfer is completed in the future of the trustee in a real estate trust, the ownership is entirely transferred to the trustee, and the ownership is reserved in the internal relationship with the truster.