The timing for calculating the price implied by the person holding superficies under Article 283(2) of the Civil Act to claim the purchase of trees

Since the right to claim the purchase of trees of a superficiary is the right to create and thus the relation of the sale contract is established for trees, the calculation of the price shall be based on the market price at the time when the relationship of the sale contract was established, and the same shall apply to trees that are growing every year, not structures.

Article 283(2) of the Civil Act

Foundation, Jeollabuk-do Confucian School Foundation

Jeollabuk-do

Military production support in the first instance court, the Jeonju District Court Decision 66Na448 delivered on September 26, 1967

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The Plaintiff’s attorney’s ground of appeal is examined.

Since the right to demand purchase of trees by a superficiary under Article 283(2) of the Civil Act is the right to create and exercise it by the superficiary, the relationship of a sales contract for trees is established, so the calculation of the price shall be based on the market price as of March 26, 1965 in this case at the time when the relationship of a sales contract was established, and the superficies as of January 18, 1962 is not based upon the market price as of January 18, 1962 at the time when the creation period expires. In this case, the conclusion cannot be different even if the object of the right to demand purchase is not a structure but a structure, and the trees grow every year as of January 18, 1962. Thus, there is no error of law by law.

Therefore, the appeal is dismissed and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Judge Do-dong (Presiding Judge) of the Supreme Court