The defendants' appeal is dismissed.

The costs of appeal shall be borne by the Defendants.

No. 1. A. of the judgment of the first instance.

The reasons why a party member who cited the judgment of the court of first instance should explain this case are as follows: (a) the error is modified in the text of the judgment of the court of first instance as stated in paragraph (3) of this Article; and (b) the Defendants’ assertion in the court of first instance are as stated in the reasoning of the judgment; and (c) therefore, they are cited in accordance with the text of Article 4

2. Additional determination

A. The defendants' arguments in the trial are as follows.

1) The Daegu District Court 2016Gadan114801 lawsuit filed against the Defendants (hereinafter “Prior Action Litigation”) by the Plaintiff (hereinafter “Prior Action Litigation”).

(2) The judgment ordering the Defendants to pay land rent was rendered on July 7, 2017, and the scope thereof was specified as of August 2, 2017. However, the Plaintiff filed a lawsuit seeking the removal of the instant building in the absence of a two-year period from August 2, 2017, and the Plaintiff’s claim is without merit. Accordingly, the Defendants’ statutory superficies was not extinguished, and the Defendants are entitled to claim the purchase of land against the Plaintiff.

B. In cases where statutory superficies is established and the amount of rent is determined by the judgment, if the superficiary delays the payment of rent for a considerable period of time due to a cause attributable to the person holding superficies, even after receiving a claim for rent after the judgment became final and conclusive, the landowner may claim the termination of the superficies pursuant to Article 287 of the Civil Act even if the delayed rent has been for at least two years over the period before and after the final and conclusive judgment.

(Supreme Court Decision 92Da44749 delivered on March 12, 1993). In addition, when a person holding superficies has not paid rent for not less than two years, the person holding superficies may claim termination of the superficies (Article 287 of the Civil Act). However, in cases where the person holding superficies has received part of the rent in arrears from the person holding superficies while the person holding superficies does not claim termination of the superficies, and the rent in arrears has been collected without objection and has been less than two years, the person holding superficies did not pay rent for not less than two years.