1. All appeals filed by the plaintiff and the defendant (appointed parties) are dismissed.

2. The costs of appeal shall be borne by each party.

purport.

The reasons why the court of this case should explain in this case are the reasons why the court of first instance, except for the addition of the parts concerning the determination of the plaintiff and defendant's argument emphasized or added in the trial, is the same as the reasons for the judgment of the court of first instance.

The Plaintiff asserts to the effect that the instant building existing on the instant land is virtually constructed and owned by Defendant B’s father, and that the building inherited to Defendant B after the deceased’s death, Defendant B did not establish legal superficies under the customary law for the ownership of the instant building on the ground that the Plaintiff was not the original acquisitor of the instant building and did not complete the registration of transfer of the instant building.

On the other hand, at the time when one of the land and buildings in order to establish legal superficies under the customary law is disposed of, one of the land and buildings must have been owned by the same person, and it does not have to have been owned by the same person in the original condition (see, e.g., Supreme Court Decision 95Da9075, 9082 (Counterclaim), Jul. 28, 1995). Defendant B owned all of the land and buildings in this case by inheritance, but the ownership of the land in this case was changed due to public sale by the Plaintiff’s acquisition of ownership of the land in this case, so it is reasonable to deem that the Defendant acquired legal superficies under the customary law for the possession of the building in this case.

Therefore, the plaintiff's assertion is without merit.

The defendant asserts to the effect that the land price appraisal result of the instant land is unreasonable because it disregards the above circumstances, while paying the land price per 200 square meters near the instant land as land price.

In determining land fees to be paid by legal superficies under customary law, all the circumstances at the time of establishment of legal superficies under customary law should be taken into account.