1. The plaintiff's claim is dismissed.

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

Basic Facts

The Defendant is a person who owns each parcel of land listed in the separate sheet (hereinafter referred to as “instant land”).

The Plaintiff is a person who lives in a building constructed on the instant land and manages planted trees on the instant land and cultivated the instant land.

A contract was concluded between the Plaintiff and the Defendant under which the Plaintiff would pay KRW 200,000 to the Defendant for the use of and benefit from the instant land on November 30 each year.

The Plaintiff had a negotiation with the Defendant to purchase the instant land, and the negotiation was concluded around June 2018, and the Defendant notified the Plaintiff that he would sell the instant land to a third party.

The Defendant sold the instant land to C, D, E, and F on July 27, 2018. Accordingly, each land listed in Schedule 2, 5, and 11 on the same day was transferred to C, and each land listed in Schedule 3, 14, 15, and 16 on the same day was transferred to D, and each land listed in Schedule 1, 4, and 18 on the Schedule 12, 13, and 17 was transferred to E, and each land listed in Schedule 12, 17 was transferred to F.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 1, 2, and 3 (if there are serial numbers, each number is included), the summary of the plaintiff's assertion as to the plaintiff's claim of the whole purport of the pleadings, and the lease contract between the plaintiff and the defendant as to the land of this case was terminated on November 29, 2018. Since the unregistered building constructed on the land of this case and the trees planted on the land of this case are owned by the plaintiff, the plaintiff can exercise his right to purchase the above unregistered building and trees pursuant to Article 643 of the Civil Act against the defendant.

Therefore, the defendant is obligated to pay the plaintiff KRW 98,177,190, which is the consideration for the above unregistered building and trees.

In principle, the other party to the exercise of the right to purchase a building by the land lessee for the purpose of owning the building on the market shall be at the time of lease termination.