Creation of superficies on forest land owned by a temple and permission from the competent authorities;

If a Buddhist organization establishes superficies on the forest owned by the temple without obtaining permission from the competent authorities, such creation shall be null and void.

Article 11 (1) 2 of the Buddhist Property Management Act

Commercial Codeors;

Defendant

Gwangju High Court Decision 67Na128 delivered on July 26, 1967

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The defendant's grounds of appeal are examined.

However, if the Buddhist organization intends to establish superficies on the forest land owned by the temple, it shall obtain permission from the competent agency in accordance with Article 11 (1) 2 of the Buddhist Property Management Act, and the decision of the court below that the act of creation of superficies without permission is null and void does not err by law. Further, as determined by the court below, it is within 3,384 meters of the original forest land where the issuance of superficies was permitted by the head of the court below, and the contract to establish superficies and its registration are limited to the possession of trees, and there is no restriction on trees and the duration of superficies is 30 years, and it cannot be deemed that only the effect of the method of transfer of ownership of the trees for which the disposal of superficies is permitted, and all the arguments are not appropriate or it cannot be adopted merely because it is an independent opinion.

Therefore, the final appeal is dismissed, and the costs of the final appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

[Judgment of the Supreme Court (Presiding Judge) Mag-Jak Park Mag-gu