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 reasoning of the court’s explanation of this case is as stated in the judgment of the court of first instance, except for the part partially dismissed under paragraph (2). Thus, this is acceptable as it is in accordance with Article 420 of the Civil Procedure Act.

2. Up to 5 pages 10 to 6 of the judgment of the court of first instance shall have been completed in the following manner:

(1) Customary statutory superficies is deemed to be the intention of the party concerned to continue to use the land, unless otherwise stipulated that land owned by the same person and the buildings on the ground are sold and purchased, but it is deemed that the owner of the building wishes to continue to use the land, unless otherwise stipulated, such as that the owner would remove the building. Therefore, if the owner of the building newly constructed on the ground is deemed to have agreed on the possession and use of the land, or the owner of the land concurrently acquires the right to dispose of the building, there is no reason to recognize the statutory superficies under customary law. Thus, if the unregistered building was sold together with the building site, even though the ownership transfer registration was made only on the building site, and the building site and the building are not registered, and thus, the owner of the building became different from the owner of the building site, even if there is no reason to recognize the statutory superficies under customary law (see, e.g., Supreme Court en banc Decision 2002Da960, Jun. 20, 2002).