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(영문) 광주지방법원 2017.12.15 2017나52343

건물 매수의 청구의 소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an owner of a religious site of 304 square meters and 301 square meters in a D religious site in Jeonyang-gun, Jeonyang-gun, and operates an inspection with the name of “E” in the above land, etc.

The defendant is the owner of each real estate listed in the separate sheet No. 1 (hereinafter referred to as "each real estate of this case") as a clan with descendants of F, and is individually named.

B. On September 27, 2013, the Defendant, as the owner of each of the instant real estate on September 27, 2013, filed a lawsuit with the Plaintiff, rendered 1,2,3,4,5,6,7,8,9,10,11,12,13, and 190 square meters on the part (A) of the instant real estate connected with each of the points in order of 1,2,4,6,7,8,12,13, and 190 square meters on the ground; 115, 116, 117, 118, 119, 120, 120, and 115, the lower court determined that each of the above parts of the instant real estate was “1,214,126,127,128,125, and 213,000 square meters on the ground (hereinafter collectively referred to as “the lower court’s 21,221615 square meters on the instant land”).

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 3, purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion: (a) from June 5, 2007 to March 2014, the Plaintiff leased each of the instant land from the Defendant for the purpose of owning each of the instant building; and (b) upon the expiration of the term of the said lease, the Plaintiff exercised the right to demand the purchase of the instant land to the Defendant; (c) As such, the Defendant paid KRW 50,000,000, which is equivalent to the market price of the said building