beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the defendant emphasizes or adds to this court, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Defendant’s assertion that it was possible to establish the right to collateral security at the time of the construction of the instant building, but failed to do so by itself. As such, in the instant case, the statutory superficies under Article 366 of the Civil Act should be recognized.
B. In a case where a joint mortgage has been created on the land and buildings owned by the same person, and a new building has been demolished and a new building has been constructed, the owner of the new building shall be identical to the owner of the land, and the mortgagee of the land shall set up a joint mortgage in the same order as the land mortgage on the new building, barring special circumstances, such as where the land and the new building belong to another owner due to auction of mortgaged property, it is reasonable to interpret that the statutory superficies for the new building is not established even if the land
This is because if a joint mortgage is established on the land and buildings owned by the same person, unlike the case where a joint mortgage is established on the land and buildings owned by the same person, it is permitted from the beginning to be restricted by the use of the land due to the ground building, and a mortgage is created only on the land to acquire the exchange value of the land reduced by the value of the statutory superficies. As long as the building which is the object of a mortgage exists as it is, the value equivalent to the value of the statutory superficies excluded from the exchange value of the land is the exchange value of the building on which the statutory superficies is established.