1. The Defendant points out that the Plaintiff indicated in the annexed Form No. 2, 3, 4, 5, 6, 7, 8, 9, and 2, among the land size of 140 square meters in Gowon-gun C forest land in Gangwon-gun.

1. Basic facts

A. On March 11, 1989, the Plaintiff completed the registration of ownership transfer as to the remaining 3,504/16,06 shares among the instant land on June 22, 201, with respect to 12,562/16,06 shares out of 140 square meters of Gangwon-gun C Forest (hereinafter “instant land”).

B. On January 11, 2001, the Defendant completed the registration of transfer of ownership with respect to the building of 45.2 square meters (this shall be the area on the registry, and the actual area following the survey appraisal shall be 73 square meters; hereinafter “instant building”).

C. Part of the instant building is located on the ground of the part (A) part of the instant building, which was connected in order to each point of the marks indicated in the annexed drawing Nos. 2, 3, 4, 5, 6, 7, 8, 9, and 2 among the instant land, located on the ground.

[Ground of recognition] Facts without dispute; Gap evidence 6-7 and 12-2; the result of this court's commission of appraisal to the Dongdaemun-dong Vice-Governor of the Korea Land Information Corporation; the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, since the defendant owned part of the building of this case on the land of this case on the land of this case, thereby hindering the exercise of the plaintiff on the land of this case, the part on the ground of the building of this case on the land of this case on the land of this case on the plaintiff is to remove the part on the land of this case

(A) The claim for the exclusion of disturbance based on ownership is accepted as above. Thus, the claim for the exclusion of disturbance based on ownership is not determined on the termination of the lease contract which is related to the selective claim. 3. Determination of the defendant's defense

A. The defendant of statutory superficies has a defense to the effect that "the defendant cannot respond to the plaintiff's claim since he acquired legal superficies under the customary law for the ownership of the building of this case with respect to the land of this case."

However, in order to establish legal superficies under customary law, land and buildings belong to the same person, but they are owned by sale and purchase or other causes.