The cases in which the duration of customary superficies has already been extinguished shall be the same as the existing cases;

The duration of customary superficies for the purpose of owning buildings acquired at the time of the Gu Resident Law shall be 20 years.

Article 281 of the Civil Act; Article 280 of the Civil Act; Article 268 of the former Civil Act; Article 2 of the Addenda of the Civil Act; Article 13 of the Addenda of the Civil Act

Plaintiff

Defendant

Jeonju District Court Decision 67Na142 delivered on July 28, 1967

The original judgment shall be reversed, and

The case shall be remanded to the Jeonju District Court Panel Division.

The Defendant-Counterclaim Plaintiff’s agent’s ground of appeal No. 1 is examined.

However, the reasoning of the original judgment against which the theory of lawsuit is criticized is justifiable and there is no error. The view that the state does not acquire the so-called property belonging to Japan by succession from Japanese people, but acquires it in the original and creative manner, and that the customary superficies on the land owned by Japan ceases to exist due to the ownership of the land to the state of the land can not be adopted as an independent one that does not have the legal basis.

The second ground of appeal is examined.

According to the judgment of the court below, the court below, based on evidence, divided into approximately 291 square meters (including address 2 omitted) and about 69 square meters (including address 2 omitted) and the buildings of this case, which are divided into two parts, were owned by the non-party 1 Japan. The counter-party 4 October 1943 purchased the buildings of this case from the Dong, and the non-party 1 purchased the buildings of this case ( Address 1 omitted). (No. 291 square meters are the country of January 7, 1948 on the ground that the ownership transfer procedure is completed under the name of the country of January 7, 1963, and there is no special provision that the above non-party 1 acquired the superficies under the Civil Act before the enforcement of the law as to the non-party 2, which is the non-party 1, which is the non-party 1, and there is no special provision that the above non-party 2, which is the legal superficies under the Civil Act.

However, according to the judgment of the court below, the counterclaim defendant acquired customary superficies for the purpose of owning the building on October 4, 1943. According to Article 13 of the Addenda of the Civil Code, if the duration fixed by the act of creation of superficies before the enforcement of this law does not expire at the time this law enters into force, this Act shall apply to the case where the duration of superficies is not fixed at the time when this law enters into force. The above superficies is acquired at the time of the old law, and it is clear that the duration of the superficies has not been expired at the time of the Gu residents law in light of the provisions of Article 268 of the Civil Code and the purport of the parties' arguments, and it is obvious that the duration has not expired at the time of the Gu residents law in light of the provisions of the new Civil Code, and according to Articles 281 and 280 of the new Civil Code, it shall not be deemed that the ownership of superficies for the purpose of building on which the building was not a building prescribed by Article 280 (1) of the Civil Code has already been terminated, and it shall not be deemed that the existing duration of superficies Act Article 2608 of the Civil Code.

Therefore, according to Article 406 (1) of the Civil Procedure Act, 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