1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

1. The basic facts of the claim (1) acquired the ownership of the instant land on August 21, 199, and around that time, the Defendant installed three steel-frame plastic houses (the form in which the roof and the wall are set up on the main structure, such as the pole made of steel pipe, in vinyl; hereinafter collectively, collectively referred to as “each of the instant plastic houses”) on the instant land, such as the entry in the purport of the claim, and cultivated horticultural crops.

(2) Upon receiving the decision of permission for sale on April 5, 2016, the Plaintiff acquired ownership by fully paying the purchase price on November 11, 2016 in the auction procedure for D real estate auction conducted with respect to the instant land in this Court.

(3) Even until the date of the closing of argument in the instant case, the Defendant occupied the instant land by leaving each of the instant plastic houses unattended as they are.

(4) The above facts do not conflict between the parties, or can be acknowledged by the entries in Gap evidence Nos. 1 through 3, 6 through 8, and 11, and the results of the cadastral survey conducted by the appraiser of the first instance trial and the purport of the entire pleadings, and there is no evidence that interferes with this.

2. Judgment on the plaintiff's claim

A. According to the above facts, the defendant who occupies the land of this case, barring special circumstances, has a duty to remove each of the instant plastic houses and deliver the instant land to the plaintiff who is the owner of the instant land.

(2) As to this, the Defendant owned both the instant plastic houses and the instant land, which are similar to the building, and all of the instant plastic houses and the instant land owned by the Defendant. However, since the Plaintiff acquired the ownership of the instant land due to the auction of the instant case and the ownership of each of the instant plastic houses were different from the owner of each of the instant land, the Defendant asserted that he acquired the statutory superficies under

Therefore, the legal superficies under the Civil Code Article 366 or the customary law is the premise to establish the legal superficies.