토지인도및 지료등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court’s explanation concerning the facts of recognition and the cause of claim is as stated in the part on “1. Basic Facts” and “2. Determination on the cause of claim” among the grounds of the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the defendant's defense
A. The defendant's defense of legal superficies is a defense to the effect that the defendant acquired legal superficies under the customary law for the ownership of the building of this case with respect to the partial land.
In order to establish legal superficies under customary law, land and buildings should belong to the same person, but the owners should be changed due to sale and purchase or other causes.
(2) On the other hand, on the other hand, on March 11, 1989, the Plaintiff owned 12562/166/160, and H 3506/6/16 of the land of this case and the building of this case owned solely by the Plaintiff on June 21, 201, as well as on June 16, 1989, F completed the registration of ownership transfer on June 16, 1989. On the other hand, on the other hand, on the land of this case, on March 11, 1989, the Plaintiff owned 12562/160, and H 3506/166 shares, and there is no evidence to prove that the building of this case was owned solely by the Plaintiff on June 21, 201.
B. The defendant asserts that the plaintiff's claim of this case constitutes abuse of rights.
However, if the exercise of the right can be seen as an abuse of the right, a person who exercises the right only subjectively to cause pain and damage to the other party.