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All appeals by the Defendant-Counterclaim Plaintiff are dismissed.
The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff) in total.
Reasons
1. The reasoning of the court concerning this case, such as the acceptance of the judgment of the court of first instance, is the same as the reasoning of the judgment of the court of first instance, except for the supplement or addition of the judgment as stated in the following 2. Thus, it is acceptable to accept this as it is in accordance with
2. Supplement and addition of judgments;
A. The defendant asserts that since the defendant acquired the ownership of a new building from 180,000 won to construct a new building and pay taxes and public charges, the defendant cannot respond to the plaintiff's request for delivery of the new building. Furthermore, according to the expiration of the lease term of this case, the defendant has a right to purchase the ground property against the plaintiff, and Article 643 of the Civil Act, which guaranteed the right to purchase the ground property, is a mandatory provision, and the agreement unfavorable to the lessee is not effective, the defendant claims payment of KRW 10,000 of the purchase price of the ground property as a counterclaim.
As recognized in the first instance judgment cited by this court, it is reasonable to view that the Plaintiff acquired the ownership of a new building in accordance with an agreement with the Defendant, in full view of the following facts: (a) the Defendant first proposed the Plaintiff to construct a new building at the expense of the Defendant; (b) the Plaintiff, a lessor, was the owner of the new building; and (c) ownership registration and ownership preservation registration were also completed in the name of the Plaintiff; (d) the Defendant could have been relieved from the burden of leasing a new land and building by constructing a new building; and (e) the Defendant would have obtained profits equivalent to the construction cost in light of the contents agreed before the new building was built; and (e) the Plaintiff could not claim construction costs for the new building; and (e) agreed to remove the new building at the time of removal and removal.
The defendant is newly constructed.