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. Determination as to the cause of claim

A. The facts of recognition 1) Defendant and the co-defendant C of the first instance trial are as follows: (a) the share of each of 1/2 is not less than 198 square meters in Ulsan-gu, Ulsan-gu (hereinafter “instant land”).

2) On the ground, the building indicated in the separate sheet (hereinafter “instant building”)

(2) The Plaintiff owned and used the instant building until now. (3) On August 27, 2015, the Plaintiff completed the registration of ownership transfer on the instant land from the Ulsan District Court No. 189501, Aug. 19, 2015, which was due to voluntary auction on August 19, 2015. The Defendant and the joint Defendant C of the first instance trial acquired statutory superficies on the instant land.

3) The Plaintiff filed a lawsuit against the Defendant and the Co-Defendant C of the first instance trial seeking a return of unjust enrichment equivalent to the rent under this court’s 2015 Ghana38197. On August 24, 2016, the court rendered a judgment on August 24, 2016 that “The Defendant and Co-Defendant C of the first instance trial shall pay to the Plaintiff the amount of KRW 1,144,00 per each of them and the delay damages therefor, calculated at the rate of KRW 147,50 per month from May 4, 2016 to the date on which possession of the instant land was completed or the date on which the Plaintiff’s ownership was lost,” and the said judgment became final and conclusive on August 24, 2016 (hereinafter referred to as “prior judgment”).

4) Even after the preceding judgment became final and conclusive, the Defendant did not pay the land rent to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

B. If the person holding superficies fails to pay rent for more than two years, the person holding superficies may claim termination of the superficies (Article 287 of the Civil Act). Notwithstanding the preceding decision rendered by the Defendant ordering payment of rent to the Plaintiff on August 24, 2016, the fact that the Defendant did not pay rent for more than two years is as seen earlier. Therefore, the Defendant’s statutory superficies on the instant land is claimed to extinguish the Plaintiff’s superficies.