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1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. Defendant C:
(a) Appendix No. 2.
Reasons
1. Basic facts
A. On January 2, 2004, the registration of transfer of ownership in the name of the Plaintiff was completed on January 2, 2004 with respect to the 1,777 square meters prior to Seocheon-si.
B. With respect to one-story housing, 36.79 square meters of one-story housing, 36.79 square meters of one-story housing, one-story housing, and 155.3 square meters of one-story housing, the registration of ownership preservation in the name of the Defendant B on March 28, 1974, ② the registration of ownership transfer in the name of E on October 11, 2013, ③ the registration of ownership transfer in the name of the Defendant C on September 12, 2014, respectively.
C. Defendant B acquired legal superficies on the part of the site of the above building among the above land. The land rent determined in the Jung-gu District Court Decision 2008Da39786, 66474, 6702 (Counterclaim), which was rendered on December 17, 2010, was determined on January 12, 201) is KRW 1,43,500 per annum.
【Ground of recognition】 The fact that there has been no dispute, Gap 1 and 2, and the purport of the whole pleading
2. As to the lawsuit against the defendant B, the plaintiff sought confirmation of the absence of the above legal superficies against the defendant B, and we examine ex officio whether the lawsuit against the defendant B is legitimate or not.
As long as legal superficies exists for the purpose of owning a building, land owners are limited to the right to use and benefit from the building, instead of receiving rent from the owner of the building who is the legal superficies. However, in cases where land owners intend to restore the right to use and benefit from the ownership on the ground of the occurrence of the ground of the extinguishment of legal superficies, such as delinquency in payment of rent, etc., if the legal superficies owner intends to restore the ownership to the original state, the current owner of the building (if the ownership of the building was transferred from the first person who acquired the legal superficies but the legal superficies has not been transferred to the unregistered relation, the current owner of the building is merely a person in the position to acquire the legal superficies).