Whether a person who acquired legal superficies from a person who acquired legal superficies due to auction can acquire legal superficies;

A person who acquired legal superficies from a person who acquired the building by auction of the mortgaged property may not acquire superficies without registration.

Article 366 of the Civil Act

Sickles

Kim Shin-deok

Seoul High Court Decision 64Na87 delivered on August 27, 1964, Seoul High Court Decision 64Na87 delivered on August 27, 1964

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

We examine the grounds of appeal by the Defendant’s attorney.

In a case where the land and the building on the ground belong to another owner due to the auction of the mortgaged property, the owner of the building shall acquire legal superficies, but the person who has another owner of the building cannot acquire superficies without registration. Moreover, the participant who acquired the building from the plaintiff is the plaintiff's mother and the party who acquired the building from the plaintiff is the plaintiff's mother, and the sale of the building site between the two persons is the most trade of the building site. Further, the owner of the building cannot seek removal of the building against the subsequent purchaser of the building who acquired the legal superficies, or seeking removal of the building cannot be viewed as an abuse of rights, as a matter of course, because it does not constitute an abuse of rights for the subsequent purchaser of the building who acquired the legal superficies.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Kim-g-ba (Presiding Justice)