If it is deemed that the legal superficies under customary law was waived;

If the ownership of the land and the building owned by the same person is separated and the owner of the building acquires the legal superficies under customary law, and the owner of the building concludes a lease contract between the owner of the land and acquires the lease right, the legal superficies under customary law shall be considered to have been waived.

Article 366 of the Civil Act

Supreme Court Decision 67Da2007 Decided January 31, 1968

Plaintiff

Defendant 1 et al., Counsel for the defendant 1 et al., Counsel for the defendant 1-appellee

Daegu High Court Decision 77Na896 delivered on February 22, 1979

All appeals are dismissed.

The costs of appeal shall be assessed against the defendants.

The defendants' attorney's grounds of appeal Nos. 1, 2, and 3 are examined together.

According to the judgment of the court below, since the above land and building were owned by Nonparty 2, but they were sold only to the plaintiff on July 19, 1968, and they were owned by the plaintiff on July 6, 1972, and they were continuously owned by Nonparty 2, and they acquired legal superficies under custom for the ownership of the above building. The court below held that the above land was no longer owned by the plaintiff on August 16, 1972 and the above land was no longer owned by the plaintiff 1, 70,000 won for 7 years from July 6, 1972 to July 5, 1974, and the court below's decision that the above land was no longer owned by the plaintiff 1 and the above land was no longer owned by the plaintiff 1, 70,000 won, and the above land was no longer owned by the plaintiff and the plaintiff 1 and the plaintiff 2 were no longer owned by the plaintiff on July 17, 1977.

Therefore, all appeals are 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 on the bench.

Justices Lee Il-young (Presiding Justice)