[건물명도][공1990.3.15(868),513]
Where the lease contract is terminated due to the lessee's default, whether the lessee has the right to purchase the appurtenances (negative)
If the lease contract is terminated due to the lessee's default, the lessee has no right to request the right to purchase the attached things pursuant to Article 646 of the Civil Act.
Article 646 of the Civil Act
[Defendant-Appellant] Kim Jong-heon, Counsel for defendant-appellant-appellant-appellant
Defendant-Counterclaim Plaintiff (Attorney Kim Hong-chul et al., Counsel for the defendant-Counterclaim plaintiff-appellant)
Seoul High Court Decision 87Na3877 (Main Office), 3878 (Counterclaim) Decided January 25, 198
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
We examine the grounds of appeal.
Where a lease contract is terminated due to the lessee's default, the decision of the court below that the lessee did not have the right to purchase the attached things pursuant to Article 646 of the Civil Act is justifiable.
In addition, insofar as the right to purchase the attached article is not acknowledged to the defendant (Counterclaim Plaintiff, hereinafter the defendant) who is the lessee, the court below did not examine whether the defendant requested the attached article, whether the defendant's claim for purchase is an attached article, whether there is an objective value increased at the time of the request for purchase, and the value thereof.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Jong-soo (Presiding Justice) Lee Chang-soo Kim Jong-won