1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. The reasoning for the court’s explanation of this case is as follows, and thus, it is consistent with the reasoning for the judgment of the first instance except for the following cases. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

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On the five pages of the judgment of the first instance court, the phrase “not having the right to dispose of” shall be changed to the phrase “not having the right to dispose of, and the defendant has the right to occupy the land since he has paid rent to the plaintiff every year on the land in which the above building

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The six pages 9 to 7 pages 7 of the first instance judgment shall be amended as follows:

1) The Defendant’s assertion (1) that the Real Estate No. 1 in the instant case had a 38 square meters of housing of 1st floor, and 9.9 square meters of agricultural production facilities of 1st floor newly constructed around 1918. However, since the Plaintiff acquired the ownership of the instant Real Estate No. 1 in May 8, 1995 and the owner of each of the said building and the site changed, customary statutory superficies for ownership of each of the said buildings were established, and the office and restaurant in the instant part (a) maintains the identity with each of the said buildings, the Defendant cannot respond to the claim for removal, etc. of the said office and restaurant as a person holding superficies in the said Section (a).

(2) The second real estate of this case is one-story of cement block structure, studio 39.6 square meters, and cement block block structure, which was newly constructed by J around 1976 by the Plaintiff’s clan.