Whether the registration cost of the ground building is required as a requirement for legal superficies under Article 366 of the Civil Code.

In the establishment of legal superficies prescribed in this Article, it is not necessary to say that ground buildings have undergone registration.

Article 366 of the Civil Act

Guardo;

Seoul High Court Decision 201Na1000

Seoul Civil Site Act and Seoul High Court Decision 63Da180 delivered on November 30, 1963

The special dismissal is dismissed.

Expenses for special appeal shall be borne by the plaintiff.

The grounds for the special dismissal of the plaintiff's attorney are examined.

Article 366 of the Civil Code provides that if land and its ground buildings belong to another owner due to auction of mortgaged objects, the landowner shall be deemed to have created superficies against the building owner. In this case, it is not necessary to say that the above ground buildings have completed registration, and as long as the building has elements as a building, it shall not be an obstacle to the establishment of legal superficies even if the building without permission is 5 square meters, so it shall not be employed to criticize the original judgment on the premise of the contrary opinion.

Therefore, the special appeal is dismissed without merit. The special appeal costs are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court (Presiding Judge) Mag-kim Kim-bun and Magman