1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning for the court’s explanation of this case is as stated in the part of the reasoning of the judgment of the first instance, except for the addition of the judgment of the defendant as to the argument in the trial under Paragraph 2 below, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Defendant asserts that the land in this case was divided from L Forest No. 5,641 square meters in each city owned by K (hereinafter “the mother land in this case”). A building owned on the mother land in this case (which is not accurate as to what portion (i) and (b) of the ground property stated in the purport of this claim; hereinafter “acquisition portion”) was transferred to H around 1950 by K, and thereafter the Defendant’s attached I acquired a statutory superficies under customary law for the ownership of the other building in this case (hereinafter “additional extension”), and thus, the Plaintiffs’ claim cannot be complied with.

① However, there is insufficient evidence to acknowledge that the legal superficies under the customary law has been established on the part of the building of this case among the buildings of this case, as alleged by the defendant, and even if the legal superficies under the customary law has been established, the above argument is without merit, and even in this case, where the defendant asserts that the defendant acquired the part that he acquired by the division of the defendant around 1950 and acquired the legal superficies under the customary law, the period of the superficies under the customary law has much more than 30 years, which is applied to the case where the defendant does not separately set the duration of the legal superficies under the customary law, and therefore, the statutory superficies under the customary law is extinguished because the period of the superficies is more than 30 years.