1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning of the court's explanation concerning this case is as follows, except for adding the following judgments to the argument that the defendant added or emphasized in the trial of the court of first instance, and therefore, it is identical to the part of the reasoning of the judgment of the court of first instance. Thus, it is citing this as it is in accordance with the main sentence of Article

2. Additional matters to be determined;

A. Defendant’s assertion 1) In the instant lease agreement, the agreement that “if the lease contract is terminated, the lessee shall restore the leased property to its original state and return it to the lessor is null and void, and the Defendant exercises the right to purchase the ground property against the Plaintiff regarding the trees existing on the ground of the instant portion of land in dispute and the instant facilities. 2) The land in dispute over which the Plaintiff requested delivery includes the only passage leading to the Defendant’s land, and thus, the right to passage over the surrounding land is recognized to the Defendant. Therefore, the Defendant cannot comply with the Plaintiff’s request.

B. Determination 1) According to the Defendant’s assertion on the right to demand a ground object purchase, whether the Defendant is entitled to exercise the right to demand a ground object purchase, and the purport of the entire pleadings, it is recognized that the Defendant leased the part of the land in the instant case from the Plaintiff for the ownership of the instant facilities, and that Article 5 of the instant lease agreement states that “if the lease contract is terminated, the lessee shall restore the property to its original state and return it to the lessor.”

However, in the case of lease without a fixed period of time, the right to demand the purchase of ground objects is equally recognized in the case where the lease is terminated by the lessor's notice of termination. The right to demand the purchase of ground objects is established between the lessor and the lessee by exercising the right to form a so-called creation, and the lessee exercises the right to demand the purchase of ground objects.