1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed at the trial.

3...

1. Judgment as to the main claim

A. The reasons for this part of the acceptance of the judgment of the first instance are as stated in the reasoning of the judgment, except for the addition of the following “A. Additional Determination” as to the assertion that the Plaintiff added or emphasized in the trial of the first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Further determination 1) The Plaintiff asserts to the effect that the statutory superficies cannot be established under customary law, since the instant Gu’s housing was destroyed and the instant housing was newly constructed in a state where statutory superficies was not established.

B) However, the legal superficies is established when a building at the time of the creation of a mortgage was reconstructed or newly built as well as when the building was demolished or demolished after the building was demolished or demolished. However, the duration and scope of the legal superficies are limited on the basis of the old building (see, e.g., Supreme Court Decision 2000Da48517, 48524, 48531, Mar. 13, 2001). Accordingly, the Plaintiff’s assertion on the extinction of legal superficies is without merit. 2) Even if the legal superficies is established under the customary law of the Defendant, the period should be determined at the time of the establishment of the mortgage or the time of the removal of the old house, and therefore, the Defendant’s legal superficies under customary law is already extinguished. However, the legal superficies under customary law belongs to the same owner, but the owner of the building or the building becomes different from the owner of the land due to sale or purchase or any other reason, which is a real right under customary law.

Therefore, the duration of existence should also be based on the point of time of acquisition of real rights, and the duration of legal superficies should be determined based on the point of time before its establishment.