매매대금
All of the plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
1. The plaintiffs asserted that the defendant and the defendant leased part of the land D (the lot number address E, F, G, H, and hereinafter "the instant land") in Sejong Special Self-Governing City where the defendant's factory is located at around 2009, without fixing a period, to the plaintiffs. The plaintiffs newly constructed an intra-company store to promote the convenience of the defendant's employees (hereinafter "the instant store") on some of the instant land leased from the defendant and operated the instant store.
Since September 17, 2018 and thereafter, the Defendant unilaterally designated and notified the Plaintiffs on June 30, 2019 the expiry date of the lease contract, and requested the removal of the instant store. The lease contract between the Plaintiffs and the Defendant was terminated by the Defendant’s unilateral notice of termination.
Where a land lease contract for the purpose of owning a building is terminated, if such building exists, the lessee may request the lessor to purchase the building pursuant to Article 643 of the Civil Act. Therefore, the Plaintiffs shall exercise the right to purchase the ground by serving a duplicate of the complaint of this case on the Defendant.
Therefore, the Defendant is obligated to pay the Plaintiffs KRW 44,385,00 each of the sales proceeds of the instant store.
2. Determination
A. In a case where the land lease contract for the purpose of owning a building has been terminated, the Plaintiffs’ claim is a claim for the purchase price based on the exercise of the right to purchase a ground object granted to the lessee. Therefore, in order to accept the Plaintiffs’ claim, it should be recognized that the “land lease contract for ownership of a building”
B. We examine whether there exists a contractual relationship between the Plaintiffs and the Defendant regarding “land lease for the ownership of a building”
The Plaintiff’s real estate lease agreement (Evidence A7) between the Plaintiffs and the Defendant is the above lease agreement.