가등기말소 등
All appeals are dismissed.
The costs of appeal are assessed against the Defendants.
The grounds of appeal are examined.
1. As to the ground of appeal No. 1, on the grounds as indicated in its reasoning, the lower court determined that the provisional registration of this case was null and void because it was made on the ground of anti-social legal act in violation of Article 103 of the Civil Act, with the knowledge that each of the land of this case was registered in title H as the actual ownership of the Plaintiff clan, by completing the registration of the right to claim ownership transfer registration with respect to some of the above land shares, and the Defendant Company also actively participated and completed the provisional registration.
In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles regarding the requirements for establishment of anti-social juristic acts and the substance of clans, or by exceeding the bounds of
2. As to the ground of appeal No. 2, based on its stated reasoning, the lower court determined that since there is a separate agreement on the possession and use of land between G and Defendant Incorporated Foundation C (hereinafter “Defendant Incorporated Foundation”), a landowner, and the owner of the building, in such a case, there is no need to recognize legal superficies under customary law, and that the Defendant Incorporated Foundation’s assertion of legal superficies under customary law cannot be permitted because it violates the principle of good faith or constitutes abuse of rights.
In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles regarding the requirements for establishing customary statutory superficies, the good faith principle, and the abuse of rights, or by exceeding
3. Therefore, all appeals are to be filed.