1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning for the court’s explanation concerning this case is as stated in the judgment of the first instance except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【Additional Part】 The Plaintiff asserts that since the Plaintiff filed a joint claim for reimbursement as a lawsuit for the formation of the claim for reimbursement and the claim for payment as a payment claim, the damages for delay of the said claim are 5% per annum as stipulated in the Civil Act from the day following the day when the judgment of this case became final to the day when the claim for payment is fully paid, and that the amount calculated by the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day after the issuance of the application for re-issuance of the claim to the day

According to the proviso of Article 366 of the Civil Code, in the case of statutory superficies, the land rent is decided by the parties' consultation or the court, and there was an agreement between the parties about the land rent.

If there is no evidence that the rent has been determined by the court or there is no evidence that the rent for legal superficies has been determined, even if the statutory superficies holder did not pay the rent, it cannot be deemed that the payment of the rent has been delayed (see, e.g., Supreme Court Decision 95Da52864, Apr. 26, 1996). Even if the rent has been determined in the judgment of the first instance court, the Defendant cannot be deemed to have delayed the payment of the rent unless the said judgment has become final and conclusive, and there is no ground to view otherwise.

The plaintiff's assertion cannot be accepted.

2. The judgment of the first instance court is justifiable, and the plaintiff's appeal is dismissed.