1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. The reasoning for the court’s explanation concerning this case is as follows, except for the addition of a part of the judgment as set forth in Article 2(2) of the Civil Procedure Act, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Defendant B, upon donation of the instant land on around 1967, newly constructed a building on the ground of the instant land, which is one’s own ownership, and on June 26, 1985, the registration of ownership preservation on the instant land was completed for 4 other than E on June 26, 1985, and the ownership of the instant building, which was owned by the same person, was separated, and thus, the said land was subject to statutory superficies under the customary

Unless otherwise expressly stipulated that the owner of a building shall remove the building by sale, gift, compulsory auction, etc., in cases where land and building belonging to the same person owned by the building becomes the owner of the building, the owner of the building shall acquire legal superficies under the customary law on the site for the purpose of the ownership of the building, and the building shall not be an unauthorized building or an unregistered building or a unregistered building unless it satisfies the requirements as the building (see, e.g., Supreme Court Decision 87Meu2404, Apr. 12, 198). However, unless there is any evidence that the defendant B, at the time of constructing the building on the land of this case, was the owner of the land of this case, the defendant B's assertion is without merit.

3. Thus, the plaintiff's claim of this case against the defendants should be accepted within the above scope of recognition. The judgment of the court of first instance is just in conclusion, and all appeals by the defendants are dismissed. It is so decided as per Disposition.