1. The Defendant indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, among the land size of 3,620 square meters in Incheon popo-gun B, Incheon po-gun.

1. Basic facts

A. On December 31, 2002, the Defendant completed the registration of ownership transfer under the name of the Defendant with respect to B Taejin-gun, Incheon (hereinafter “instant land”). On December 31, 2002, on December 31, 2002, the Defendant entered into a mortgage contract with Choung-gun, Inc. (hereinafter “Sungung-gun”) with the maximum debt amount of KRW 1,300,000,000, the debtor, the Defendant, and the Defendant’s creditor-mortgage bank, and completed the registration of ownership transfer on the same day.

B. After the commencement of the voluntary auction procedure for the land of this case upon the application of the Heungung Bank, and the plaintiff received the land of this case in the said voluntary auction procedure and paid in full the sale price on September 6, 2005, and completed the registration of ownership transfer on the land of this case on September 12, 2005.

C. Meanwhile, the Defendant obtained a building permit on the instant land on May 15, 199, and constructed a building on the ground of 706 square meters in order to connect each point of (A) part of the instant land, among the instant land with the design change permission on August 24, 2002, and with each point of (i) indication 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 10, 11, and 11, the Defendant constructed a new building on the ground of 706 square meters in order to each point of (a) of the instant land.

Before filing the instant lawsuit, the Plaintiff sought against the Defendant for unjust enrichment from the removal of the instant building, the delivery of the instant land, and the date of completion of delivery of the part of the instant land used as the site for the instant building. In addition, the Plaintiff filed a lawsuit seeking rent under statutory superficies under the customary law.

(A) On July 17, 2014, the above court dismissed the Plaintiff’s primary claim on the ground that the Defendant acquired legal superficies under customary law for the ownership of the instant building against the instant land, and rendered a judgment that recognized the Defendant’s obligation to pay the land rent based on legal superficies under customary law upon the Plaintiff’s conjunctive claim.

The defendant is dissatisfied with the above judgment.