1. The defendant removes the building indicated in the attached list to the plaintiff, and delivers 387 square meters in Ha-dong, Chungcheongnam-do, Chungcheongnam-do.

1. Determination as to the removal of buildings and the request for delivery of land

A. In full view of the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 and 2 (including virtual numbers), the plaintiff owned the land of 387 square meters (hereinafter "the land of this case"). The defendant owned the building in the attached list of the land of this case (hereinafter "the building of this case"), and the defendant occupied the land of this case.

B. The Plaintiff may claim the return of the instant land against the Defendant who occupied the instant land as the owner of the instant land. Since the Plaintiff’s ownership of the instant land was obstructed due to the existence of the instant building on the ground of the instant land, the Plaintiff may demand the Defendant to remove the disturbance.

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

2. Whether the Defendant has customary statutory superficies regarding the instant land

A. In the event that land and buildings belonging to the same person belong to different owners due to sale, gift, compulsory sale by official auction, public sale under the National Tax Collection Act, etc., the owner of the building shall acquire customary statutory superficies for the purpose of the ownership of the building unless otherwise stipulated that the owner of the building removes the building, and the building shall not be an unauthorized building, unregistered building, or unregistered building unless it satisfies the requirements as a building (see Supreme Court Decision 87Meu2404, Apr. 12, 198).

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 2 (including additional numbers), the non-party D owned the building of this case since 1985, and completed the registration of ownership transfer to the defendant on the same day after completing the registration of ownership preservation on the building of this case on May 30, 2019, and in the case of the land of this case, the non-party D.