1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Facts of recognition

As to the site of this case on June 24, 1982, the registration of transfer of ownership based on the sale on June 23, 1982, the registration of transfer of ownership based on the sale on the same day as D October 28, 2002, and the registration of transfer of ownership based on the sale on the voluntary auction on February 20, 2019 were completed on February 20, 2019.

[Ground of recognition] The plaintiff asserts to the effect that there is no dispute, Gap evidence No. 1, and the purport of the whole pleadings are as follows.

The Defendant newly built the instant building while owning the instant site. Since the instant building was unauthorized, unregistered, and the Defendant sold only the instant site to D and filed the instant lawsuit against the Defendant, not D, it appears that the Plaintiff presumed that the Defendant did not sell the instant building to D.

(B) If the Defendant sold the instant building to D, the Plaintiff had to seek removal, etc. of the instant building against D having de facto disposal authority over the instant building). Even if the registration of ownership transfer was completed in the D, the Plaintiff did not acquire the statutory superficies under customary law on the instant building.

Therefore, the Defendant is obligated to remove the instant building to the Plaintiff who acquired ownership of the instant building and pay unjust enrichment calculated by the ratio of KRW 420,000 per month, which is the amount equivalent to the land rent, until the instant building is demolished.

Judgment

In case where land and buildings belonging to the same person belong to different owners due to sale, donation, compulsory sale by official auction, public sale under the National Tax Collection Act, etc., the owner of the building shall acquire the legal superficies under customary law for the ownership of the building unless otherwise stipulated that the owner of the building remove the building. Since the building satisfies the requirements as a building, it shall be an unauthorized building, unregistered building, or not registered building.