지상물매수
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. On November 11, 1988, Plaintiff A leased the land indicated in the separate sheet (hereinafter “instant land”) from C, and used the temporary building listed in the separate sheet (hereinafter “instant temporary building”) on that ground, and renewed the lease. On April 15, 2007, Plaintiff A renewed the lease with the lease term of one year and four million won for annual rent. From around 2014, Plaintiff A renewed the lease with the annual rent of eight million won.
B. Plaintiff B is occupying the instant household building from Plaintiff A by leasing the building “a car, car,” as indicated in the instant paragraph.
C. The Defendant purchased the instant land from C on May 20, 2016 and completed the registration of ownership transfer on July 15, 2016.
[In the absence of any dispute, Gap 1 through 6, Eul 1 (including each number)]
2. The plaintiffs asserted that the plaintiff Eul constructed the provisional building of this case with the consent of C after leasing the land of this case from C, and since the lease term expires since the plaintiff Eul used part of the provisional building of this case before the lease of this case, the plaintiffs can exercise their right to purchase the provisional building of this case against the defendant who succeeded to the status of the landlord by acquiring the land of this case.
Therefore, the defendant is obliged to pay the purchase price of the building of this case to the plaintiffs.
3. The lessee can exercise the right to demand the purchase of ground against the lessor when the lease of land for the purpose of owning a building or other structure expires, and the lessor may exercise the right to demand the purchase of ground against the lessor (see Supreme Court Decision 96Da14517, Jun. 14, 1996). However, the right to demand the purchase of ground against the third party is permissible to the lessee who acquired the opposing right. Therefore, the lessee who has no opposing power cannot exercise the right to demand the purchase of ground against the third party who purchased the land from the lessor.