1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the court's explanation of this case is as follows, except for the addition of "2. Additional Judgment" as to the argument that the plaintiff emphasizes in this court, and therefore, the reasoning of the judgment of the court of first instance is the same as that of the part of the judgment of the court of first instance. Thus, it is citing this as it is in accordance

2. Additional determination

A. Article 287 of the Plaintiff’s assertion of the Civil Act provides that “When a superficies holder fails to pay rent for more than two years, the person who has established the superficies may claim the extinction of the superficies.” This also applies to the case of statutory superficies. In the case of a lease contract for which a lease contract can be immediately terminated at least two years without the lessor’s highest procedure at the time of default of rent for more than two years, the landowner may immediately notify the owner of the extinction of the statutory superficies pursuant to the above provision, and the main summary of the Supreme Court’s decision cited by the first instance court (Supreme Court Decision 2005Da37208 Decided October 13, 2005) is that “Where the land rent is delayed for more than two years before and after the final decision became final, the landowner may claim the extinction of the statutory superficies, and it cannot be readily concluded that delay in the performance of the landowner’s statutory superficies and the delay in the performance of the statutory superficies have to be made.”

Therefore, insofar as it is evident that Defendant B, who is a legal superficies, did not pay the land rent to the Plaintiff, who is a landowner for at least two years before and after the judgment of the previous suit of this case, it shall be deemed that the statutory superficies of Defendant B was extinguished by the notification of the extinguishment of the Plaintiff through the delivery of a copy of the complaint of this case, irrespective of whether the Plaintiff had made a prior demand for payment of

B. In the event the legal superficies is established and the rent amount is determined by the judgment, the superficiary receives a claim for the rent after the judgment becomes final and conclusive.