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(영문) 춘천지방법원영월지원 2016.10.26 2016가단726
지상물매수청구권의 반소
Text

1. The counterclaim claim is dismissed.

2. The costs of lawsuit incurred by a counterclaim shall be borne by the counterclaim.

Reasons

The premise is that the registration of ownership transfer was completed on June 7, 1982 in the name E (hereinafter “E”) with respect to the land of 4,278 square meters and 645 square meters (hereinafter “each of the instant lands”) prior to the subdivision of the Gangwon-gu Seoul Special Metropolitan City prior to the subdivision. The registration of ownership transfer was completed on December 30, 1958 in the name of G, H, I, J, J, K, L, M, M, and N (hereinafter “G, etc.”) on December 31, 2010; the registration of ownership transfer was completed on May 15, 201 under the name of theO on May 15, 201; and the registration of ownership transfer was completed on May 13, 2012 with respect to each of the instant lands due to the purchase and sale counterclaim under the name of the Defendant on December 13, 2012.

On each of the instant lands, 99 square meters of cement brick, brick, mentor, multi-story housing, and toilet stores, and toilets 2 square meters of toilets and two affiliated buildings (29.25 square meters of cement brick, cement brick, pent roof, and house 19.35 square meters of stores, and house 19.35 square meters of houses) are constructed (hereinafter collectively referred to as the “instant building”). With respect to the instant building, the registration of transfer of ownership based on sale on January 5, 1996 under the name of P on January 25, 1996 and the registration of transfer of ownership based on donation on August 16, 2012 under the name of A on August 17, 2012 were completed.

The counterclaim of the counterclaim concluded a land lease agreement with E, the former owner of each of the instant land, to own the instant building.

However, since the Plaintiff, who acquired each of the instant lands from E, rejected the renewal of the said lease, the Counterclaim Plaintiff shall exercise the right to purchase the building in accordance with the provisions of Articles 643 and 283(2) of the Civil Act.

Even if the right to purchase a building under a lease agreement between the Counterclaim Plaintiff and E is not recognized, the Counterclaim Plaintiff has legal superficies under customary law against the Counterclaim Defendant, and thus, he/she shall exercise the right to purchase the building against the Counterclaim Defendant, who is the owner of each land of the instant case, in accordance with Article 283(2)

Therefore, the counterclaim defendant raises an objection to the counterclaim.

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