1. The defendant remove one building listed in the attached list to the plaintiff, and deliver 2 land listed in the same list to the plaintiff.

2...

1. Basic facts

A. On June 2003, the Plaintiff purchased from C one building listed in the separate sheet (hereinafter “instant building”) and two land listed in the same list (hereinafter “instant land”) at KRW 100 million.

B. The Plaintiff completed the registration of ownership transfer based on sale on June 16, 2003 on the instant land, but on November 20, 1997, the registration of ownership transfer was not transferred with respect to the instant building, the registration of ownership transfer was completed under C’s name.

Since then, on September 10, 2010, the Republic of Korea (Korea Office of Disposition) seized the building of this case and completed the registration of seizure on the same day in order to preserve the delinquent taxes against C.

C. North Mancheon Tax Office had conducted a public auction procedure on the instant building subject to the attachment (hereinafter “instant public auction”), and the Defendant paid the sale price on June 2012 and purchased the instant building in the said public auction procedure.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4, 6, and 8 (including additional evidence) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant, who purchased the instant building at the instant public auction, acquired its ownership, shall be deemed to interfere with the Plaintiff’s exercise of ownership on the instant land, which is the site of the said building.

Therefore, barring special circumstances, such as the possession of possessory source on the instant land, such as superficies, the Defendant is obligated to remove the instant building to the Plaintiff, the owner of the instant land, and deliver the instant land to the Plaintiff.

C, as seen earlier, in the event that the Plaintiff sold the instant land and building together to the Plaintiff, but only the registration of ownership transfer of the said land was completed, there is no room to recognize the statutory superficies under customary law against C, the seller, even if the land and building were to have different ownership holders.

Furthermore, the same person as the owner of the instant land and building.