1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On October 25, 1983, the Plaintiff acquired the ownership of 2,248 square meters prior to the Nam-si, Namyang-si, D (hereinafter “D”). The land was combined with F or G land on August 6, 1996, and the area of E became 2,548 square meters. Around April 26, 2000, the land was divided into 603 square meters (the divided land became H) and its area became 1,945 square meters.

B. On April 20, 200, the Plaintiff newly constructed three warehouse buildings (a) on E’s land (a through (c) together; hereinafter “instant building”).

On May 31, 200, the Plaintiff donated E land to the Defendants, who are children, and the Defendants completed the registration of ownership transfer on the said land on June 2, 200.

C. On February 9, 2004, E land (area 1,945 square meters) was divided into a 386 square meter on February 9, 2004 (the divided land became I for the divided land) and its area became 1,559 square meters.

(hereinafter referred to as “instant land”). 【No dispute exists over the land of E, the area of which has been reduced by 1,59 square meters (hereinafter referred to as “1,59 square meters”); Party A’s 1 through 6, 10, 13, 22, 23, 27 through 30 (including additional numbers; hereinafter the same shall apply); Party B’s 2 through 4 and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. On April 20, 200, the Plaintiff: (a) newly constructed the instant building on the instant land; (b) owned the instant land and buildings together; and (c) donated the said land to the Defendants on June 2, 2000, thereby acquiring statutory superficies under the customary law for owning the instant building.

Pursuant to Articles 281(1) and 280(1)1 of the Civil Act, the term of existence of the instant building is 30 years, which is a solid building composed of steel frame.

The Defendants are obligated to implement the procedure for the registration of creation of superficies for the duration of 30 years on the ground of the acquisition of statutory superficies on June 2, 2000 with respect to each of 1/2 shares in the instant land.

B. As to legal superficies under the judgment customary law, the provisions on superficies under the Civil Act shall apply mutatis mutandis, barring special circumstances, the parties did not separately determine the duration of legal superficies under the customary law.