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1. All appeals by the Defendants against the Plaintiffs are dismissed.
2. The costs of appeal shall be borne by the Defendants.
Reasons
1. The reasoning for the reasoning of the lower court as to this case is as follows, except for the addition of the following '2. Additional determination' to the assertion that the Defendants stressed in the trial, thereby citing the reasoning for the first instance judgment in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Defendants’ assertion 1) For the following reasons, the right holders of the instant site have sectionally co-ownership relation to the instant site, and the legal superficies or customary law exists on each building owned by the Defendants on the instant site. As such, the Defendants have the right to possess the instant site. (A) Since each owner of each land before the instant land was replaced with the instant site, inasmuch as each land was owned on the land owned by them, the said land was replaced with the instant site, it should be recognized that there was an implied agreement among the right holders of the instant land after the replotting, on the co-ownership relation of sectionally owned ownership.
B) Although the area actually occupied by the Defendants on the instant building site and the area corresponding to the shares on the registry, it is difficult to deny the establishment of sectionally owned co-ownership relation on the land owned by Q on October 8, 1985, on which the ownership of the said building was transferred to AF, because there was a somewhat difference in the size in the construction process or there was a need for additional space after the new construction of the building, and thus extension of the building was made for the purpose of warehouse, etc., the establishment of sectionally owned co-ownership relation should not be denied.
2 The Plaintiffs should be deemed to have been awarded the instant site under the premise that statutory superficies on the instant site is established.