1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.

1. Facts of recognition;

A. The Defendant owned a building indicated in the [Attachment B] List of Real Estate (hereinafter “instant building site”) on the ground of 157.2 square meters (hereinafter “instant building”) among the instant land around July 1975, and the Defendant completed the registration of ownership preservation on August 16, 1989 under the name of the Defendant on the following: (a) around July 1975: (b) the portion of “B” attached to the instant land connected in sequence 7, 8, 9, 10, 11, 12, and 7; and (c) the registration of ownership preservation is completed.

B. The ownership of the instant land was succeeded to the Government Employees Pension Corporation pursuant to Article 4 of the Addenda of the former Public Officials Pension Act (wholly amended by Act No. 3586, Dec. 28, 1982; effective January 1, 1983).

Accordingly, the defendant acquired legal superficies under customary law for the purpose of owning the building site of this case.

C. The Plaintiff purchased the instant land from the Government Employees Pension Corporation on August 2, 2007 and completed the registration of ownership transfer on October 5, 2007.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination on the cause of the claim

A. As to statutory superficies under the customary law, the provisions on superficies under the Civil Act shall apply mutatis mutandis, barring special circumstances, barring so far, if the parties do not separately determine the duration of statutory superficies under the customary law, the said period is the period prescribed in the subparagraphs of Article 280(1) of the Civil Act pursuant to Article 281(1) of the Civil Act (see, e.g., Supreme Court Decision 2013Da4345, Sept. 12, 2013). The instant building falls under a building with stone, stone, brick, brick, or any other solid building similar thereto, and thus, the duration of statutory superficies for the purpose of owning the instant building is 30 years pursuant to Articles 281(1) and 280(1)1 of the Civil Act.

According to the above facts, the legal superficies under customary law for the ownership of the instant building have already been 30 years from January 1, 1983.