1. All appeals filed by the Defendant and the Intervenor are dismissed.

2. The costs of appeal are the defendant and the defendant.

1. The grounds for the court’s explanation of the instant case are as follows, except for adding the following judgments to the allegations of the Defendant and the Intervenor taking over the Defendant (hereinafter “Defendant, etc.”) in the trial, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment of the defendant and the defendant's assignee

A. The gist of the defendant's assertion is as follows.

The land of Eunpyeong-gu Seoul Metropolitan Government (hereinafter referred to as "the land of this case") and its ground unauthorized buildings were originally owned by I, and they were transferred to the defendant, etc. through F, and only the land of this case was transferred to the defendant, etc., the owner of the land and the building were different.

Therefore, I remaining as the owner of a unregistered building acquired legal superficies under the customary law on the instant land, and F or the Defendant et al. acquired legal superficies under the customary law on the said land while acquiring the said unauthorized building and taking over it together with the statutory superficies under the customary law for using the said land. Therefore, the Plaintiff, the owner of the instant land, cannot claim removal of the legal superficies under the customary law

B. Determination 1) In a case where land and buildings belonging to the same person become different owners due to sale, gift, compulsory auction, public sale under the National Tax Collection Act, etc., the owner of the building acquires customary statutory superficies for the purpose of the ownership of the building, unless otherwise stipulated that the building be demolished, and the building is no unauthorized building, unregistered building, or unregistered building, unless it satisfies the requirements for the ownership of the building (see Supreme Court Decision 87Meu2404, Apr. 12, 198). However, statutory superficies under customary law are different owners of land and buildings owned by the same person due to sale, purchase, or other causes, but the building is demolished.