1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:

The defendant.

1. The reasoning of this court's explanation is the same as the reasoning of the judgment of the first instance except for the part written by the court under Paragraph 2 below, and thus, it is also acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a) The third page 8 of the first instance judgment “2016Nu495396” shall be read as “2016Nu49596”.

B. On the 6th judgment of the first instance court, “the part on which the Plaintiff acquired legal superficies under the customary law” in the 18th judgment is considered as “the part on which the Defendant acquired legal superficies under the customary law.”

(c) Forms 6 through 9 of the first instance judgment are as follows.

[1] The Plaintiff asserts that the rate of 50/1,00 of the officially announced land price should be applied in accordance with Article 22 of the Public Property and Commodity Management Act, Article 14 of the Enforcement Decree of the same Act, and Articles 22 and 26(1) of the Seoul Special Metropolitan City Ordinance on Public Property and Commodity Management, which set the criteria for determining the rent of the land of this case, which is administrative property.

2) However, since the above provision applies unilaterally to the imposition and collection of rent when the head of a local government permits the use of and benefit from administrative property, it is difficult to view that the above provision is a direct basis for the determination of rent for the land of this case, and the court may determine the amount and payment method of rent deemed reasonable by taking into account all the circumstances revealed in the pleading. 3) In light of the background leading up to the acquisition of statutory superficies under the Defendant’s customary law, the utilization status and current status of the land of this case, and all other circumstances shown in the argument of this case, it is reasonable to determine the land rent for the land of this case after February 1, 2012 by applying the rate of 20/1,000

4 In accordance with the foregoing criteria, land rent on the part of 255 square meters, the legal superficies of the Defendant’s customary law, among the instant land from February 1, 2012 to December 31, 2017, shall be aggregated as follows.