1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff 19,575,670 won and objection thereto.

1. The reasoning for this part of this Court is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance. Thus, this part of the reasoning is cited by the main text of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of claim, etc.

A. According to the facts of recognition as above, each land and each building of this case were owned by the same owner, but the defendant became different according to the completion of the registration of ownership transfer concerning each building of this case on June 27, 2005.

Therefore, the defendant shall acquire legal superficies under common law for the possession of each building of this case, unless there are special circumstances.

(The plaintiff also has no dispute over the acquisition of legal superficies under the customary law of the defendant).

1) On the premise that the Defendant used the entire land of this case for the ownership of each building of this case, the Plaintiff asserted that the Plaintiff sought rent equivalent to the rent of each land of this case, while the Defendant is merely a part of each land of this case and thus, the scope necessary for the use of each building of this case should be limited to the extent that the effect of statutory superficies under the customary law of the Defendant should be limited. 2) The judgment of the parties first regards to the scope of statutory superficies under the customary law for the ownership of each building of this case.

The following circumstances, i.e., the land listed in Section 1 of the attached list, which is surrounded by the land listed in Section 2 of the attached list, ii) each of the buildings of this case, including a manager, warehouse, storage, toilets, and stations, are scattered in each of the land of this case, and iii) the scope of statutory superficies is not necessarily limited to the building's form but is ordinarily necessary to use the building according to its original purpose.