1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Facts of recognition

Nonparty E, F, G, and H owned 349 square meters (hereinafter “instant land”). On April 23, 2014, Nonparty E, F, G, and H owned the instant land by changing the land category into a building site.

around March 21, 1998, these were newly constructed on the instant land the same building as “the indication of the building” (hereinafter “instant building”) indicated on the instant land, and each co-ownership share of E, F, and G on February 15, 2002 was completed 12.5/9 of each of the co-ownership shares of E, F, and G, and H on 12.4/9.9.

C A. On December 5, 2001, the instant land owned by E, F, G, and H was completed the registration of ownership transfer in the name of C due to sale on October 6 of the same year.

The defendant completed the registration of ownership transfer of the building of this case on the ground of donation on February 15, 2002.

The plaintiff on September 26, 2012

8. The registration of ownership transfer is completed in the name of the Plaintiff on the instant land due to a settlement of 17.17. Musan District Court Decision 2012Da3994).

【In light of the fact that there is no dispute over the ground for recognition, the entry of Gap evidence Nos. 1 through 3 (including the branch numbers, hereinafter the same shall apply) and the fact that the establishment of legal superficies under the customary law as to the ground for the claim of the entire pleadings was established, it is reasonable to view that the owner of the instant building acquired legal superficies (hereinafter the “legal superficies of this case”) as to the instant land under the customary law, inasmuch as both the instant land and the instant building were owned by E, F, G, and H, and had different owners.

In addition, in the case where the instant building was transferred, the transferee of the building from the owner of the building with statutory superficies under the customary law is in the position to seek the registration of creation of legal superficies and the implementation of registration procedures by subrogation of the transferor of the building to the landowner. Therefore, it is reasonable to view that the said building has the right to use the site for the ownership of the instant building.