The appeal is dismissed.

The costs of appeal are assessed against the defendant intervenor.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Article 6(1)1-2 of the Enforcement Rule of the Building Act provides that “A person who intends to obtain a building permit pursuant to Article 11(1) of the Building Act shall submit to the permitting authority an application for permission to change the purpose of building and large-scale repair in attached Form 1-3, accompanied by documents evidencing the ownership or use of the site to be constructed.

Therefore, since a building that fails to secure the right to own or use the site is nothing more than a building that violates the construction regulations, it is a defect in such a building permit if the building permit was granted in the state that the ownership or the right to use the site was not secured.

I would like to say.

(See Supreme Court Decision 91Nu5358 delivered on April 10, 1992. Meanwhile, the legal superficies is established not only when a building is reconstructed or extended after the legal superficies or customary legal superficies under Article 366 of the Civil Act was established, but also when a building is newly constructed after being destroyed or removed. In this case, the purpose, scope, duration, etc. of the creation of the legal superficies, which is the substance of the legal superficies, shall be limited to the extent generally necessary for its use based on the old building (see, e.g., Supreme Court Decisions 96Da4080 delivered on January 21, 1997; 2009Da6150 delivered on January 14, 2010). The court below, citing the reasoning of the first instance judgment, citing that the construction of the new building on the land within the scope of the legal superficies of this case among the land of this case within the scope of the new building in light of the existing size, structure, etc. of the new building, thereby exceeding the scope necessary for the new building of this case.