logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.04.26 2014다72449
토지인도 등
Text

The judgment of the court below is reversed, and the case is remanded to Daejeon District Court.

Reasons

The grounds of appeal are examined.

1. Where the lease expires in the lease of land the object of which is to own a building, etc. or the lease expires due to the notification of termination of the lease for which the period has not been determined, the lessee may request the lessor to purchase the building, etc. at a reasonable price pursuant to Article 643

The lessee's right to demand the purchase of the ground property is to preserve the remaining value of the ground building from the national economic point of view and to protect the lessee from the exclusive ownership of the landowner, and in principle, it can be exercised against the lessor who has the land ownership at the time of termination

Where the lessor transfers the ownership of land to a third party due to the transfer of land, etc., if the status of the lessor is succeeded or the lessee can oppose the right of lease, he/she may exercise the said right against the new landowner.

(see, e.g., Supreme Court Decisions 75Da348, Apr. 26, 197; 93Da59717, 59724, Jul. 29, 1994). Meanwhile, in cases where a third party, other than a landowner, leases a parcel of land, a third party becomes the party to the right to demand the purchase of a parcel of land as a lessor if the effect of a lease belongs to the landowner by legitimate representation of the landowner or ratification of a third party’s act of unauthorized representation, etc.

However, if a third party leases land as a party to a lease agreement, barring special circumstances, such as the owner of land succeeds to the status of the lessor, the owner of land who is not the lessor cannot become the other party to the claim for purchase of ground.

2. The lower court acknowledged the following facts based on the admitted evidence. A.

With respect to each of the instant lands, on December 30, 1963, the registration of ownership transfer is completed in the name of the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) who is a punishment of the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”). The registration of ownership transfer is completed on January 25, 1989.

arrow