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The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined.
1. In order for an article to be recognized as being consistent with the real estate in the grounds of appeal Nos. 1 and 2 to be consistent with the real estate, the determination should be made after considering whether the article is attached and combined to the extent that it can not be separated without causing damage to the article or excessive expenses, and whether the existing real estate can be the object of a separate ownership in the transaction with an independent economic utility.
In addition, the proviso of Article 256 of the Civil Act, which provides for the exception to the ownership of corresponding objects, stipulates that even if the attached objects are separated from the attached objects and have economic value, the rights of others shall not be affected. Thus, if there is no economic value, it shall be attributed to the owner of the original real estate, and the determination of economic value shall be based on whether the attached objects are independent of economic utility of the general social norms for the attached objects.
(See Supreme Court Decision 2006Da3927039287 Decided July 27, 2007). In full view of the circumstances stated in its reasoning, the lower court determined that the Defendant cannot be held liable to remove the instant illegal building on the ground that the instant illegal building was owned by the Plaintiff since it can be deemed that the instant illegal building was in accord with the instant store.
In addition, as long as the instant illegal building becomes the object of a lease with the instant store, the lower court determined that, in full view of the circumstances as stated in its reasoning, the Plaintiff cannot be deemed to be liable for the removal of the instant illegal building included in the leased object, based on the fact that the instant illegal building, which is the object of a lease, is not naturally excluded from the leased object, solely on the ground that it is the object of a removal under the Building Act.
The above legal principles are examined.