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. The reasons why the court should explain this case are as stated in the reasoning of the judgment of the court of first instance, except in the following cases, thereby citing this case as it is in accordance with Article 420 of the Civil Procedure Act.

【고치는 내용】 제1심 판결문 제2면 아래에서 제6행의 “주쉭회사 경일감정평가법인 강원지사에 대한 감정촉탁결과”를 “주식회사 경일감정평가법인 강원지사 및 대한지적공사 속초시지사에 대한 각 감정촉탁결과”로 고친다.

Under the second sentence of the first instance court, the phrase " October 18, 2014" referred to in paragraph (3) shall be read as " October 28, 2014."

Part 3 of the judgment of the first instance court is " October 19, 2014" in paragraph 1 of Article 3.

Part 3 of the judgment of the first instance court, "C." in Part 18 shall be changed to "B."

Part 3 through 17 of the judgment of the first instance court, "A." and "B." are as follows.

A. The defendant has a legal superficies under the customary law on the building of this case, and thus has a legitimate title to possess the site of this case, and even if the legal superficies under the customary law on household affairs does not exist, the defendant established each limited real right in the situation where there is no building on the ground of this case at the time of establishment of the right to collateral security and superficies on the land of this case. Accordingly, he asserts that since the defendant approved that he will own the building on the ground of this case, the legal superficies under Article 366 of the Civil Act was established.

If a mortgager constructs a building on the land without a building, but the land and the ground building are different from the owner due to auction in the auction procedure to exercise the security right, the legal superficies under Article 366 of the Civil Code is not recognized, and the legal superficies under customary law is also recognized.