1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

1. The reasons why the court shall explain this case by the court of first instance for the acceptance of the judgment of the first instance

2.(b)

2) On the 5th 10th th 5th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th,

In addition to those used in each way, it is identical to the reasoning of the judgment of the court of first instance, and thus, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The modified part;

A. The Defendant succeeded to the 2nd superficies contract: (a) concluded a mutual superficies contract by allowing Twit who was the owner of the instant land to use the instant building site for the ownership of the instant building; and (b) such a contract implicitly succeeded to E and the Plaintiff.

(2) At the time of selling this case’s land, the Plaintiff asserted to the effect that the Plaintiff may not claim removal of the building in this case, since part of the building in this case was built near the boundary of the land in this case, the Plaintiff was permitted to use the building in this case for the ownership of the building in this case, and the Plaintiff’s receipt of this agreement by implied succession to the superficies contract on the building site in this case.

The defendant's testimony by the witness S of the first instance trial alone is not sufficient to admit the above defendant's argument, and there is no other evidence to prove it. The defendant's argument in this part is not acceptable.

3. The plaintiff's claim on the principal lawsuit is accepted on the ground of its reasoning, and the defendant's counterclaim is without merit.