1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's request added by this court, the defendant 3,607.

1. The reasons for the court's explanation concerning this case are as follows: "(the plaintiff, at the court of first instance, is the defendant's assertion that the building of this case is not the defendant, but the wife, and thus the defendant's confession was established as to this case's ownership. Therefore, the building of this case shall be deemed to belong to the court of first instance according to the confession of the defendant and shall not be deemed to belong to the defendant. However, the defendant's assertion that the building of this case is owned by the court of first instance is merely a denial of the plaintiff's removal of the building of this case and if the defendant's legal superficies defense is not admitted to the court of first instance order, it shall not be deemed that the defendant's confession as alleged by the plaintiff is established as to the ownership of the building of this case." In light of the purport of the court of first instance's assertion that the defendant's assertion that the building of this case is owned by the court of first instance is nothing more than a denial of the plaintiff's legal superficies defense against the removal of the building of this case."

2. Determination on the claim for payment of the land rent

A. In the event of the creation of superficies based on statutory superficies or customs, the payment of the land rent cannot be claimed before the owner of the land makes a final judgment on the claim for the land rent, but the court may immediately claim the payment on the premise that the land rent should be determined by the court.

In this case, it is sufficient for the court to determine the rent for the reason of the judgment. Therefore, the decision on the rent determined by the reason of the judgment on the claim for the payment of rent between the landowner and the superficiary according to custom is effective as the rent decision between the landowner who is the party concerned in the lawsuit and the superficiary based on custom.