1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the court's explanation of this case is the same as the judgment of the court of first instance, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act.

[Defendant asserts that the building in this case was newly constructed with the consent of land use from B, which is the previous owner of the land in this case, and since there was no special agreement to remove the building in the case where the owner of the land in this case is changed between B and B, the land in this case acquired legal superficies under the customary law as to the land in this case. In addition, statutory superficies under the customary law is established when the land belongs to the same owner, but the building or the land belongs to the same owner, but the owner becomes different for reasons other than sale and purchase, and if the building was constructed on the land with the consent of the owner of the land in this case, there is no room for establishing legal superficies under the customary law, depending on the difference between the land and the owner of the building (see Supreme Court Decision 90Meu2603, Oct. 30, 1990).2. The conclusion is justifiable, and the defendant's appeal is dismissed.