[건물명도등][집25(1)민,160;공1977.5.15.(560) 10038]
Other party to the exercise of the right to purchase a building by a land lessee for the purpose of owning the building.
The other party to the exercise of the right to demand purchase of a building by a land lessee for the purpose of owning a building may, in ordinary cases, exercise the right to demand purchase against the new owner even if not only the lessor who is the land owner at the time of expiration of the lease due to the expiration of the lease but also the lessor transfers the land to a third party after the lease expires, etc.
Article 643 of the Civil Act
Plaintiff (Attorney Lee Ho-ho, Counsel for the plaintiff-appellant)
Defendant
Chuncheon District Court Decision 74Na114 delivered on January 23, 1975
The original judgment shall be reversed, and the case shall be remanded to Chuncheon District Court Panel Division.
We examine the Defendant’s grounds of appeal.
According to the reasoning of the judgment below, the court below rejected the defendant's claim for the purchase of the above building on the ground that the agreement was not valid for the above building around 1962 (the original judgment was clearly recorded around 1972) and the non-party 1, who was the owner of the building site at the time of the above case, purchased the building again on December 29, 1965 that the non-party 1 did not complete the registration of ownership preservation and sold it to the non-party 2, and the defendant concluded a lease agreement with the non-party 1 for the purpose of owning the above building site for the purpose of owning the above building site for the non-party 1, the non-party 1 and the non-party 3, who was the owner of the building at the time of the above case, did not want the ownership preservation right of the new building at the time of the lease agreement to the non-party 1 and the non-party 1, who was not the owner of the building at the time of the above decision of the court below. Thus, the court below's decision that the non-party 1 and the plaintiff's right to purchase right cannot be asserted.
Therefore, the original judgment shall be reversed, and the case shall be remanded to the Panel Division of the Chuncheon District Court which is the original judgment.
This decision is consistent with the opinions of the involved judges.
Justices Hak-jin (Presiding Justice)