토지인도
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning of the court’s explanation as to this case is as follows, except as to the allegations added by the Defendants in the trial of the court of first instance, and therefore, it is consistent with the reasoning of the judgment of the court of first instance. Thus, this is cited by the main text of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. Defendant I’s assertion and determination that Defendant I acquired superficies to the above land by openly occupying the land No. 1 in order to own the building of this case for not less than 20 years including the previous owner’s possession. In addition to the fact of possession of land to be recognized as the prescription for the possession of superficies to own another’s land, it should continue to be objectively indicated that it constitutes the possession as a superficiary rather than based on lease or loan for use. The burden of proof is against the person who asserts the prescriptive acquisition. Whether such requirements exist or not is determined by considering the following: (a) whether there is a substance that can be deemed as the possession as the superficiary’s possession as the superficies; (b) the process of the commencement of possession; (c) structure and structure of the structure; (d) relationship between the parties concerned; and (e) the situation of the use of the land; and (e) whether there was any intention to possess the land of this case, including the previous owner’s intention to possess the land of this case; and (e) there is no reason to acknowledge that Defendant I occupied the land as the above.
According to Article 197(1) of the Civil Act, goods are objects.