1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The petitioner-gu, Cheongju-si Co., Ltd. (hereinafter “instant land”) owned by the Plaintiff, and the 111.5 square meters of the instant land owned by the Defendant (hereinafter “instant building”) is unregistered on the instant land.

B. The Defendant agreed to lease the land of this case without fixing a period for the purpose of owning a house on the Plaintiff’s protocol and the land of this case, the former owner of the land of this case.

(hereinafter “instant lease agreement”). C.

On January 25, 2017, a duplicate of the complaint of this case, stating the Plaintiff’s expression of intent to terminate the instant lease agreement, reaches the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, since the instant lease contract is a lease without a contractual term, it was terminated on July 25, 2017 after six months from January 25, 2017, upon receipt of the notice of termination by the Defendant by delivery of a duplicate of the complaint of this case pursuant to Article 635(2)1 of the Civil Act.

Therefore, the defendant is obligated to remove the building of this case and deliver the land of this case to the plaintiff as a performance of duty of restoration.

B. The summary of the Defendant’s assertion 1) The Defendant leased the instant land to own the instant building, and the instant building is located, thus exercising the right to demand a purchase of the instant land under Article 643 of the Civil Act. (2) In the case of a lease of land for the purpose of owning a building as prescribed by Article 643 of the Civil Act, the lessee’s right to demand a purchase of the building owned by the lessee is entitled to claim a purchase of the said building at a reasonable price to the lessor who has faithfully maintained the relevant lease contract in the event of the existing building even if the lease contract for the purpose of owning the building has been terminated.