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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following instructions between the fourth and 12 of the judgment of the court of first instance, and therefore, it is identical to the part concerning the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 42
2. The defendant further asserts that the plaintiff cannot comply with the plaintiff's claim since he exercised the right to demand the purchase of ground of the building of this case.
The right to claim a ground object under Article 283(2) of the Civil Act refers to the right when the superficies terminates due to the expiration of the duration, which can be exercised when the person who created superficies does not want the renewal of the contract. Thus, the right to claim a renewal of the superficies is not acknowledged in a case where the landowner claims the termination of the superficies on the ground of delay in payment of the superficies and the superficies is extinguished due to the termination of the superficies (see, e.g., Supreme Court Decision 93Da10781, Jun. 29, 1993). This case returned to the case, and the Defendant did not pay rent for more than two years to the Plaintiff even if the Defendant acquired the statutory superficies under the customary law for the ownership of the building in this case and determined the rent for the land related to the above statutory superficies under the conciliation in this case. Accordingly, the Plaintiff’s right to claim a renewal of the superficies based on the claim for the extinguishment of the superficies on November 1, 2012.
Therefore, this part of the defendant's assertion is without merit.
3. Conclusion, the plaintiff's claim of this case should be accepted as reasonable.
The judgment of the first instance court is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.