beta
(영문) 대전지방법원천안지원 2014.07.02 2013가단11115

건물매수

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The purport of the Plaintiff’s assertion is that the Plaintiff’s father L, around 1960, newly built a lease contract with Q and Q and Q to own a building with respect to each of the above land, which was in charge of the M 704С, N 704С, N 704С, O 635С, and P 909С (hereinafter “each of the instant lands”), and then paid rent to Q and Q to Q and Q for the purpose of owning a building with respect to each of the above land. < Amended by Presidential Decree No. 20445, May 21, 2014>

Since L was deceased on March 27, 1981, the Plaintiff inherited L alone and succeeded to the above lease agreement, and then newly constructed a pipe 704m2 prior to M,O large 635m2 and P forest land 94909m2 on the 704m200m2 prior to Q around 1990, and paid rent to Q, with the consent of Q. < Amended by Presidential Decree No. 23040, May 21, 2014; Presidential Decree No. 23040,000m2 as of May 21, 2014); Presidential Decree No. 239909m2 on May 21, 2014.

Since Q died on January 27, 1992, the Plaintiff paid rent to Q Q’s wife (Death on March 19, 2010).

Last, Defendant B paid each of the instant lands to Defendant B, and Defendant B terminated the lease agreement on each of the instant lands on the ground that the Plaintiff did not consent to the increase of rent around November 2012.

Accordingly, the Plaintiff jointly owned each of the instant land (this is Defendant H, I, J, and K’s children among them) requested the Defendants to purchase the said housing, livestock pens, and warehouses (hereinafter “instant housing, etc.”) by serving a duplicate of the instant complaint on Q and R. Accordingly, since the Plaintiff and the Defendants reached a sales contract on the instant housing, etc., the Defendants are obliged to pay each of the claims stated in the purport of the claim calculated according to the market price of each of the instant housing, etc. according to the shares of each of the instant land.

2. In order to exercise the right to purchase the instant housing, etc., the Plaintiff is premised on that right.