1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. In the first instance court, the Plaintiff sought payment of the purchase price following the exercise of the right to purchase ground and compensation for damages caused by the Defendant’s tort against the Defendant, and the court of first instance dismissed all the Plaintiff’s claim.

As a result, the plaintiff appealed against the claim for the purchase price due to the exercise of the right to purchase ground by the court of first instance, the subject of judgment in this court is limited to the claim for the purchase price.

2. The reasoning for the court’s explanation on this part of the underlying facts is as follows: (a) except that the second instance court’s “ June 14, 2015” stated “ June 14, 2015” as “ June 14, 2005.” under the main text of Article 420 of the Civil Procedure Act is the same as the corresponding part of the reasoning for the judgment of the first instance; and (b) thus, it is acceptable

3. Determination on the cause of the claim

A. Articles 643 and 283 of the Civil Act provide that when the owner of the building of this case is the owner of the building of this case, or when the owner of the building of this case owns the building or other structures, planting, collecting salt, or cutting down the building, trees, or other ground facilities are existing at the expiration of the period, the lessee may demand renewal of the contract. If the lessor does not want renewal of the contract, the lessee may demand the purchase of the building or trees at a reasonable price. Thus, in order for the lessee to exercise his right to demand the purchase of the ground object, the above ground building should be the owner of the land lessee.

Where a third party constructs a building in his/her own effort and materials and uses the name of the building permission as the site owner, etc., registration of ownership preservation in the name of the building permit holder shall be made unless there are special circumstances pursuant to Article 131 of the Registration of Real Estate Act.