1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

The reasoning of the judgment of the first instance is as follows, except for the addition of the following "2. Additional Judgment" as to the assertion that the defendant emphasizes or re-convened in this court, and thus, this Court cites it as it is pursuant to the main sentence of Article 420 of the Civil Procedure Act.

(However, the part on the co-defendant C of the first instance court, which was separately determined. The defendant asserts that since the defendant's parents paid land use fees to the plaintiff by 2015, the defendant's parents may pay the value of the building, directors' expenses, and damages, they can comply with the plaintiff's removal and request for extradition.

If the term of lease expires in the lease of land for the possession of a building, etc. or the lease expires by the notification of the termination of the lease without fixing the term, the lessee may request the lessor to purchase the building, etc. at a reasonable price pursuant to Article 643 of the Civil Act

On the other hand, where the lease contract is terminated due to a default such as delayed rent of a land lessee, etc., the land lessee cannot request the land lessee to purchase the ground building.

(See Supreme Court Decision 96Da54249, 54256 delivered on April 8, 1997, etc.). The evidence submitted by the Defendant, including evidence No. 1, is insufficient to recognize the conclusion of a lease agreement with the Plaintiff.

In addition, even if the defendant's parents, like the defendant's assertion, have paid to the plaintiff the amount of five or fifty thousand won rice each year under the name of rent, the defendant's assertion that the plaintiff should be paid the value of the building unless the plaintiff notified the termination of the lease contract on May 28, 2018 by delivery of a preparatory document as of May 28, 2018.

The defendant recognized that the rent has not been paid since 2016 through the response, etc. from June 20, 2018.

With respect to the reasons why the plaintiff did not pay, the plaintiff shall receive it.