1. The defendant shall be the plaintiff.

A. Of the 6,303 square meters of land for a factory in Jeonnam-gun, the head of the attached drawing, the C/C, the 4, and the 5.

1. Basic facts

A. On December 11, 2000, the ownership transfer registration was made in the name of the Korea Asset Management Corporation on the ground of a successful bid by voluntary auction on December 11, 2000, with respect to the land of 6,303 square meters in Seoul-gun A factory site (hereinafter “1 land”) and 1,218 square meters in B road (hereinafter “2 land”), which was owned by Nonparty C, for the land of 6,303 square meters in Seoul-gun, Seoul-gun, which was owned by Nonparty C, and the ownership transfer registration was made in the name of the Plaintiff on September 9, 2013.

나. 한편, 제1토지 중 별지 도면 ㅌ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅋ, ㅌ의 각 점을 순차로 연결한 선내 (나) 부분 204㎡ 위에는 컨테이너외벽 및 처마, 제2토지 중 별지 도면 ㄱ, ㄴ, ㄷ, ㅌ, ㄱ의 각 점을 연결한 선내 (나) 부분 61㎡ 위에는 컨테이너외벽 등 각 무허가 건물(이하 위 각 건물을 ‘이 사건 건물’이라 한다)이 축조되어 있는데, 이 사건 건물은 소외 주식회사 하나산업(2014. 12. 1. 해산간주 되었다)이 신축한 것으로 현재 피고가 위 주식회사 하나산업으로부터 양수받아 미등기 상태로 점유사용하고 있다.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. (1) As to the part of the claim for removal and delivery, according to the above facts, the defendant is in the position to acquire the building of this case and dispose of it legally and de facto, and is obligated to remove the building of this case to the plaintiff who is the owner of each of the land of this case and deliver the occupied part of each of the land of this case,

(2) As to this, the Defendant acquired legal superficies by constructing a new building with the approval of use of each of the instant land from C, and the Defendant succeeded to the above legal superficies while acquiring the instant building. Therefore, the Defendant cannot comply with the Plaintiff’s request.