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 judgment of the court of first instance cited by the court of first instance is as follows: (a) the second 16th 2th 16th son of the judgment of the court of first instance cited “ June 28, 191” as “ February 26, 198”; and (b) the defendant added “2. Additional Judgment” to the assertion added by the court of first instance; and (c) thus, it is identical to the ground of the judgment of the court of first instance except for adding “2.

[The first instance court's findings and determination are justifiable in view of the evidence Nos. 5 and 6 (including paper numbers) submitted by the Defendant to this court, which was duly adopted and examined by the first instance court. 2. Additional determination

A. On June 28, 1990, on the land of this case, the first priority superficies was created with the person holding superficies C as the person holding superficies on June 28, 1990 (hereinafter “the superficies of this case”), and both the superficies and the right to collateral security established thereafter were cancelled by voluntary auction on November 27, 1998.

However, although superficies cannot be cancelled at a voluntary auction based on subordinated collateral, since the superficies of this case was cancelled ex officio on the ground of a successful bid based on a voluntary auction based on subordinated collateral, the registration of cancellation of superficies of this case is obvious to be improper by itself as stated in the register, and the presumption ability of registration becomes extinct.

Therefore, the registration of cancellation of superficies of this case is still valid as it is the registration of invalidation, and the defendant is entitled to transfer the ownership of the building of this case and has the right to occupy the land of this case since it was transferred together with the superficies of this case.

B. 1) In light of the provisions of the former Civil Act (amended by Act No. 4199, Jan. 13, 1990) and Articles 608 and 661 of the former Civil Procedure Act (amended by Act No. 4201, Jan. 13, 1990), if the superficies are more advanced than the right to collateral security to be extinguished by a successful bid, the person holding the superficies may oppose the successful bidder. Thus, the above superficies is not subject to the entrustment of cancellation, but is not subject to the right to collateral security.