1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

The reasoning for this part of the judgment of the court of first instance, which is accepted by the court, is the same as that of the judgment of the court of first instance, except for the part added by the following paragraph (2).

The statutory superficies under the customary law on the instant building for which the Defendants asserted the determination on the exercise of the Defendants’ right to purchase had expired, and the Plaintiff did not want to renew the superficies. Therefore, the Defendants demanded the Plaintiff to purchase the instant building in accordance with Article 283(2) of the Civil Act.

Judgment

The right to request purchase of a superficiary under Article 283 of the Civil Act is granted to a superficiary in the event the superficies is extinguished if the building exists on the ground and the person who created the superficies does not want to renew the contract (see Supreme Court Decision 68Da1029, Aug. 30, 1968). However, in a case where the building in question is constructed across the land owned by the superficiary or a third party other than the land on which the superficies was established, the right to request purchase is allowed to the superficiary only for the part which can be the object of sectional ownership among the parts on which the superficies was established (see Supreme Court en banc Decision 93Da42634, Mar. 21, 196). In full view of the health class, items stated in subparagraphs 3 through 5, the first instance court, the result of surveying the Korea Certified Land and Information Corporation in the First instance, the overall land structure of the building in question, other than those on which the superficies was established, is not independent from those on the land in question.