1. The plaintiff's main claim is dismissed.

2. The Defendant shall pay to the Plaintiff KRW 3,031,880 and Gangwon-gu from May 1, 2018.

1. Basic facts

A. On May 16, 2005, the Defendant completed the registration of ownership transfer with respect to the land for 677m2 (hereinafter “instant land”). At that time, the Defendant newly constructed a building on the ground (hereinafter “instant building”) (a) of the instant land, which connects each point of the (i) section 136m2 (hereinafter “the instant building”) among the instant land, in sequence of the indication of drawings in the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 136m2 (hereinafter “the instant building”).

B. After that, the Plaintiff completed a provisional registration on March 24, 2006 on the instant land due to the pre-sale agreement made on March 22, 2006, and completed the registration of ownership transfer on August 22, 2013 on the basis of the pre-sale agreement made on April 2, 2013 based on the above provisional registration.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1 and 2, the result of a request for appraisal by the North Korean Land Information Corporation, the purport of the whole pleadings, and the purport of the whole pleadings

2. Judgment on the main claim

A. According to the above facts of recognition as to the cause of the claim, the defendant has a duty to remove the building in this case, deliver the land in (a) part, and return unjust enrichment from the possession and use of the land in (a).

B. The defendant's defense is proved to have acquired legal superficies under the customary law for the ownership of the building of this case with respect to the part (i) land.

According to the above facts, the building of this case and the land of this case were owned by the defendant, but only the land of this case were transferred to the plaintiff, so the defendant acquired legal superficies under the customary law for the possession of the building of this case as to the land of this case, which falls under the land of this case among the land of this case.

Therefore, we cannot accept the plaintiff's primary claim.

3. The Defendant acquired legal superficies under customary law for the land in (i) part of the land.