1. The Defendant, from September 13, 2017, owns the Plaintiff’s ownership at the expiration date of possession of C. C. 605 square meters in Si of official residence, or the Plaintiff.

1. Judgment on the plaintiff's claim

A. According to the overall purport of Gap evidence Nos. 1, 6, 7, 8, 9, 10, and Eul evidence Nos. 1 through 9 (including each number), the following facts or circumstances are acknowledged.

① On September 14, 2017, the Plaintiff completed the registration of transfer of ownership on September 13, 2017, with respect to one-half share of C & 605 square meters (hereinafter “instant land”) based on voluntary auction on September 13, 2017.

② The Defendant is occupying and using the pertinent land as it owns buildings and obstacles on the ground in each part of (a), (b), and (c) of the attached appraisal sheet in the instant land.

③ The Defendant acquired legal superficies under customary law against the instant land.

(A) The plaintiff recognizes it and seeks to pay unjust enrichment equivalent to the land rent to the defendant. (b)

Even if statutory superficies are acknowledged under customary law, the owner of a building on the ground is obliged to pay rent to the owner of the land using the building, and the court shall determine the amount by applying mutatis mutandis the proviso to Article 366 of the Civil Act. Thus, the court may determine the amount of rent determined as reasonable by comprehensively taking into account all the circumstances shown in pleadings and the method of payment at its own

In addition, in the event of the creation of superficies by statutory superficies or custom, the payment of the land rent cannot be demanded before a judgment to determine the land rent is rendered by the owner of the land, and the court can immediately claim the payment on the premise that the land rent is determined by a reasonable land rent.

In this case, it is sufficient for the court to determine the rent for the reason of the judgment. Therefore, the decision on the rent determined by the reason of the judgment on the claim for the payment of rent between the land owner and the superficies according to custom is based on customs and the land owner who is the party to the lawsuit.