1. The defendant shall be the plaintiff.

(a)on delivery of 151 m3 m2 in Pakistan-si;

B. The above A.

Attached drawings from among the lands described in the paragraph.

Facts of recognition

A. On May 10, 2017, the Plaintiff purchased 151 square meters (hereinafter “instant land”) from the D clan (hereinafter “Nonindicted clan”) for the Republic of Korea (hereinafter “instant clan”) and purchased the same year.

6. 23. The registration of ownership transfer shall be completed.

B. The Defendant, among the instant land, owns the entire land of this case in the (B) section of (c) which connects each point of 8,9, 10, 11, 12, 12, 14, and 11 on the ground and each point of 1, 11, 12, 13, 14, and 11 on the surface of the land in the order of priority among the items indicated in the annexed drawings, and owns the (c) section of (c) above ground stairs and boiler rooms (hereinafter “the instant building” by combining the said housing or structures), and occupies and uses the entire land as the site, etc. of the instant building.

[Grounds for recognition] According to the above facts of determination as to the grounds for claim based on Gap evidence Nos. 1, 3, and 1, and the result of appraiser E's survey and appraisal, the defendant is obligated to remove the building of this case and deliver the land of this case to the plaintiff, unless the defendant asserts and prove the source of right to possess the land of this case including the site of this case.

The defendant asserted the right to claim the purchase of ground property as to the defendant's argument, the defendant purchased the building of this case from F on February 4, 2013 and succeeded to the lease contract with the non-party clan. Since the plaintiff who purchased the land of this case wishes to terminate the lease contract of this case, the plaintiff asserts that he exercises the right to claim the purchase of ground property under Article 643 of the Civil Act.

In principle, a lessee’s right to demand the purchase of ground property may be exercised against a lessor who has the ownership of the land at the time when the right of lease expires, and where a lessor transfers land to a third party due to transfer of land, etc., he/she may exercise the right to demand the purchase of ground property against a new landowner only when the status of a lessor is succeeded

Supreme Court Decision 2014Da72449, .