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The judgment below
[Attachment 1] The “owner” list related to removal shall be stated in the “part of exclusive ownership” against the Defendants.
Reasons
1. Defendant CF, DR, DZ, EF, N, and Z did not state the grounds of appeal in the petition of appeal filed by the said Defendants, and the said Defendants did not submit the grounds of appeal within the statutory period.
2. Determination on the grounds of appeal by the remaining Defendants, excluding Defendant CF, DR, DZ, EF, N, and Z
A. As to the ground of appeal No. 1, the ground of appeal No. 1) The land listed in Annex 2, List 2, annexed to the lower judgment (hereinafter “instant land No. 2”).
(3) The land indicated in paragraph (3) of the same list as above (hereinafter “instant third land”).
(A) Legal superficies under Article 366 of the Civil Act concerning the establishment of legal superficies is generated for the owner of the building when the land and the building owned by the same person become different from the two owners due to auction at the time of the establishment of a mortgage. As such, if the land and the building owned by the same person were to be constructed on the land by the landowner at the time of the establishment of a mortgage on the land, it did not reach the extent that it can be viewed as
Even if the size and type of the building is expected to be external shape, construction has been developed to the extent that the building can be anticipated, and thereafter, statutory superficies is established if the building requirements are independent real estate, such as a minimum pole, roof, and main wall, from the auction procedure to the time the purchaser paid the sale price, etc.
(See Supreme Court Decision 2004Da13533 Decided June 11, 2004, etc.). Meanwhile, even in cases where one co-owner of a building independently owns the land which is the site of the building and created a mortgage only on such land, but the land owner was changed due to auction by the above mortgage, the above land owner recognized the use of the land for not only his own but also other co-owners of the building, and even as a mortgagee could have anticipated the burden of statutory superficies at the time of the establishment of the mortgage, it does not cause losses.