Requirements for establishing customary statutory superficies

If the owner of a building or a building belongs to the same owner but becomes different from one another due to sale and purchase of the building or for any other reason, the owner of the building acquires a customary statutory superficies for the building from the owner of the building, so if the building is newly constructed on the land owned by another person, customary statutory superficies shall not accrue.

Articles 366 and 185 of the Civil Act

Supreme Court Decision 66Da1213 Delivered on November 29, 1966

Plaintiff

Defendant

Daegu High Court Decision 79Na629 delivered on October 17, 1979

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

The legal principles on statutory superficies, which a member of the party, belongs to the same owner of the land and a building, but the owner of the building or the land belongs to the same owner for sale and purchase of the building or for any other reason, unless there is a condition to remove the building in particular when the owner of the building becomes different, the owner of the building shall acquire the statutory superficies for the building. In this regard, the court below is justified in holding that there is no room for the defendant who newly constructed the building on the land owned by another person, and there is no error in the misapprehension of legal principles on the statutory superficies under customary custom, and there is no such illegality as pointing out other arguments.

Therefore, this appeal is without merit, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cho Gi-port (Presiding Justice)