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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
(b).
Reasons
1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for “a addition of the judgment on a new defense in the trial of the Defendants in paragraph (2)”. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure
2. New defenses of the Defendants and determination thereof
A. The instant land asserted by the Defendants was in a sectionally owned co-ownership relationship.
The net Q newly constructed a building stated in the purport of the claim on “the Plaintiff’s share in the instant land,” which was one’s own ownership.
As such, both the building and the site stated in the purport of the claim were owned by net Q. The building was transferred to the Defendants, and the site was transferred to I, and its owner became different.
Therefore, the Defendants acquired superficies on the instant building under the customary law.
B. The land of this case was in the sectionally owned co-ownership relation
The testimony of the party witness R, which corresponds to the fact that the construction of the above building or net Q, is difficult to believe in light of the description of evidence No. 2-4 of the company No. 2, and the remainder of evidence alone is insufficient to recognize it, and there is no other evidence to acknowledge it.
Therefore, the defendants' assertion is without merit.
3. In conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning, and the judgment of the court of first instance is just in conclusion.
Therefore, the appeal by the defendants is dismissed as it is without merit. It is so decided as per Disposition.