Main Issues

Examples recognizing legal superficies under customary law

Summary of Judgment

Where a piece of land or a house belonging to the same person becomes different owners by sale, the owner of a house shall not be forced to remove the house, since he/she acquires superficies on the land, unless he/she has agreed to do so, especially for the sale of the house and the removal thereof.

[Reference Provisions]

Article 366 of the Civil Act

Reference Cases

[Plaintiff-Appellee] 1103 decided Apr. 18, 1962; 76Da388 decided Jul. 26, 197

Plaintiff and the respondent

Plaintiff

Defendant, Prosecutor, etc.

The Korea Welfare Foundation of the Incorporated Foundation

Judgment of the lower court

Daegu District Court of the first instance (61 civilian joint244 decided)

Text

The original judgment shall be revoked.

Purport of prosecution

The defendant's attorney is respectively seeking a judgment of dismissal of public prosecution against the plaintiff's attorney in the order Dong area.

Reasons

In full view of the contents of evidence Nos. 1, 2, and 3, the owner of a house who had no dispute over its establishment may be deemed to own 95 square meters. Meanwhile, in full view of the contents of evidence Nos. 2 and the result of appraisal by the court below, the defendant occupies the above site, and in full view of the whole purport of the pleadings between the parties concerned, the owner of the building cannot purchase and sell the building on the same 3rd building and its own land no longer than 9 (Ga), (Da), (Ma), (Ga), (Ga), (Ga), (Ga), (Ga), (Ga), (Ga), (Ga), (Ga) and (Ga), and (Ga), and (Ga), the owner of the building which had no dispute over the ownership of the building on the 19th anniversary of the building site, and thus, owned and removed the building's ownership on the 20th anniversary of the building site constructed on the 19th anniversary of the building site and the building's ownership on the 2nd anniversary of the building site.