Whether the consent to use land for the construction of a building by a landowner is created with superficies or legal superficies;

The consent of land use for the construction of a building by a landowner shall not be enough to create superficies, or to create customary superficies.

Articles 279 and 366 of the Civil Act

Plaintiff 1 and one other

Defendant 1 and four agents, Attorneys Yong-jin, Counsel for the defendant-appellant

Cheongju District Court Decision 78Na100 delivered on February 16, 1979

All appeals are dismissed.

The costs of appeal shall be assessed against the defendants.

The defendants' grounds of appeal are examined.

(1) As stated in the theory of the lawsuit, even if the Defendants were to obtain approval for the use of the land from the counter-party of the Plaintiff 1, who owned the share of the land at issue, when the Defendants were to use the building on the land at issue in this case at issue, the appeal on this issue is without merit. (See Supreme Court Decision 71Da2124 delivered on December 28, 1971). Thus, the appeal on this issue is without merit.

(2) It is not accepted by the court below that the non-party who was the owner of another share in the land at issue is the fictitious sale or transfer registration of his right to the plaintiff 2, or that it constitutes an anti-social juristic act and thus null and void as it is also acceptable in the record, and there is no other error in the fact-finding by the court below.

Therefore, the appeal is without merit, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yang Byung-ho (Presiding Justice)