1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. The reasons for the court's explanation concerning this case are as follows: "The statutory superficies is established not only in the case of reconstruction or extension of a building after the statutory superficies under Article 366 of the Civil Act or customary statutory superficies is established, but also in the case of new construction after the building is destroyed or demolished. However, the scope of statutory superficies is limited to the part within the generally necessary scope for its maintenance or use based on the old building (see, e.g., Supreme Court Decision 96Da4080, Jan. 21, 1997)." "In order to establish statutory superficies under Article 366 of the Civil Act, a building should exist on the land which is the object of mortgage at the time of establishing a mortgage. Thus, insofar as a building exists at the time of establishing a mortgage, the statutory superficies is established even in the case of new construction or reconstruction of a building after it is destroyed or demolished, and the existing building shall be deemed to have been removed or reconstructed within the scope of 90Da1969, Sept. 16, 1996."

2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.