The Defendant, as the Plaintiff

(a) KRW 28,500,000 and this shall be from November 26, 2019.

A. The Plaintiff is the owner of Ansan-gu, Jeonyang-gu, Mayang-gu, C, 171 square meters (hereinafter “instant site”).

B. On the instant building site, attached Table 2 (hereinafter “instant building”) was constructed, and D acquired the ownership of the said building by auction on June 16, 201.

C. On August 4, 2014, the Plaintiff completed the registration of creation of superficies on the instant site as “the ownership and scope of a ground building: the entire land: the duration and duration: From August 20, 2011 to the continuation of a ground building; and land rents: KRW 1.5 million per month.”

(hereinafter, the above superficies are referred to as the “instant superficies”).

The Defendant completed the registration of ownership transfer of the instant building on April 20, 2018, and completed the additional registration on April 22, 2019 on the ground of sale as of April 19, 2019.

[Reasons for Recognition] Items A and 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion that the Defendant succeeded to the instant superficies by acquiring ownership of the instant building, but did not pay rent after the date of acquisition of ownership to the Plaintiff.

Accordingly, the Plaintiff: (a) the Defendant, from April 20, 2018 when the Defendant acquired the instant building to April 22, 2019 when the supplementary registration was completed on the superficies of this case; and (b) the Plaintiff, from the next day, seek payment of the land rent from the date when the Plaintiff loses the ownership of the instant land or the Defendant’s possession of the instant building to the end date of the acquisition of the instant building.

B. In light of the main text of Article 358 of the Civil Act, which states that the effect of the mortgage on the land shall extend to the things attached to the mortgaged real estate and to the accessories thereof, the effect of the mortgage on the building shall be limited to superficies for the purpose of owning the building, which is the accessory to the building. Therefore, the mortgage on the building shall be effective and the successful bidder shall exercise the mortgage on the building.