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. Basic facts

A. On May 21, 2009, the Incheon Livestock Industry Cooperatives (hereinafter “the Livestock Industry Cooperatives”) extended a loan of KRW 1.8 billion to the Defendant on May 27, 2009, and completed the registration of creation of a superficies for the purpose of owning buildings, other structures, or trees, the duration of which is 30 years solid with respect to the above land, as to the establishment of a mortgage of KRW 2.52 billion with respect to the maximum debt amount of KRW 12.42 square meters owned by the Defendant on May 27, 2009.

B. On June 25, 2010, the Defendant reported the construction of a temporary building on the said land, and reported the extension of the retention period of a temporary building from June 25, 2010 to April 25, 2015.

C. On May 30, 2016, the Livestock Cooperatives transferred a loan claim against the Defendant to the Plaintiff. On June 16, 2016, the instant supplementary registration was completed on June 16, 2016, and on January 20, 2017, on January 20, 2017.

On August 26, 2016, the Plaintiff filed for a voluntary auction with the Incheon District Court based on the instant right to collateral security and received a voluntary decision to commence auction (C) from the said court.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. In the event that a superficies is acquired in order to obtain a mortgage on the land which is determined on the cause of the claim as well as to secure the value of the mortgage, barring any special circumstance, the superficies is aimed at securing the value of the mortgaged real estate by excluding any infringement which a third party acquires a right to use or brings down a decline in the value of the mortgaged land until the mortgage is executed. Thus, in the event that a third party constructs a new building on the land which is the object of a mortgage, the superficiary is entitled to oppose the person with superficies, barring special circumstances, such as that the third party has a right to oppose the person with superficies.