[매수청구권행사에인한건물명도등][하집1988(3.4),338]
Subjects of exercise of the Buyout right
In a case where a building, etc. owned by a lessee is constructed over several lots of land adjacent to a lessor's land as well as the land owned by a lessor, it is reasonable to view that the tenant's right to purchase is not limited to the portion of the building constructed on the land owned by a lessor, but can be exercised against the whole building in light of the basic institutional function of the right to purchase, or from the perspective of protection of lease.
Article 643 of the Civil Act
Maternnono
cheon-guwon
1. The defendant received 4,482,470 won from the plaintiff and repaid 4,482,470 won to the plaintiff.
(a) 2, 3, 40 square meters in succession with each of the above-mentioned 2, 3, 4, 5, 4, 23, 22, and 400, 108, 2400 or 500 square meters in parallel with 3, 50 square meters in width, 100 or 500, 24, 500 or 500, 100 or more in succession with 50 square meters in size, 360 or more in size, 50 or 500, 50 or more in size, 500 or more, 500 or more, 500 or more, 500 square meters in size, 50 or more in size, 14, 50 or more in a cement section, 500 square meters in width, 50 or more in a vessel;
2. The costs of lawsuit shall be borne by the defendant.
3. The above paragraph 1(a) can be provisionally executed.
The same shall apply to the order.
According to the above-mentioned No. 3 Evidence No. 177, the plaintiff filed a complaint with the defendant for the above-mentioned No. 1700 and the above-mentioned No. 1708, May 25, 198, and the ownership transfer registration was made in the name of the plaintiff on the ground of No. 14801, Oct. 10, 198, each of the above-mentioned Cement No. 17700, Jun. 1, 2007, each of the above-mentioned No. 17880, Jun. 7, 2007; the defendant stated 80, Jun. 14, 2007 as 7, the above-mentioned Cement No. 177700, Jun. 1, 2006; the defendant stated 6,0000) as 7,0000 square meters adjacent to the above-mentioned building site No. 5770, Mar. 26, 2006>
(C) Among the buildings and fences, the kitchen gate, the same as the kitchen and warehouse on the ground of the same (C) part of the building and fence, and the steel-frame 551 square meters of the same (d) part as the above orchard 450 square meters of the same (d) and each of the above fences is constructed over 551 square meters of the above orchard 450 square meters and 480-2 square meters of the same (480 square meters), but each of the above fences is constructed over 152 square meters of the above orchard. However, in light of the original institutional function of the right to demand purchase, which is for national economic demand or for the recovery of the invested capital of the lessee, it is reasonable to affirm the exercise of the right to demand purchase as to each of the above buildings and fences, and it is reasonable to acknowledge the exercise of the right to demand purchase as to each of the above buildings and fences, and in view of the fact that each of the above building and fence 4847 square meters of the market price of the defendant's request for purchase.
Therefore, the plaintiff's claim of this case is justified, and the costs of lawsuit are assessed against the losing defendant, and a provisional execution is imposed on the deceased and handed over portion. It is so decided as per Disposition.
Judges Lee Jae-py (Presiding Judge)