1. The defendant shall remove the buildings listed in paragraph (1) of the attached list to the plaintiffs, and the land listed in paragraph (2) of the attached list.

Basic Facts

- In around 1930, E leased the land listed in [Attachment List No. 2 (hereinafter “instant land”) from the Plaintiff’s prior parents without a specific period, and newly constructed a building listed in [Attachment List No. 1 (hereinafter “instant building”) on the ground. Since that time, E occupied the instant land and renewed the instant land lease agreement for the purpose of owning the instant building.

- The Plaintiffs, based on inheritance, succeeded to the lessor’s status of the pertinent land lease agreement by acquiring the ownership of the instant land on January 23, 1991.

- The Defendant inherited the instant building due to the death of E, and the Suwon District Court Sung-nam Branch Office of Busan District Court on June 17, 2004 received on June 17, 2004, the registration of preservation of ownership in the name of the Defendant was completed.

- The plaintiffs on July 4, 2016; and

7. 21. The Defendant notified the termination of the land lease contract for the instant land, and at that time, the notice of termination was sent to the Defendant.

[Reasons for Recognition] According to the above facts, Gap's evidence Nos. 1 through 6, Eul's evidence Nos. 1 and 7 (including numbers; hereinafter the same shall apply), and the whole purport of the pleadings, the land lease contract of this case is a contract with no fixed period of time. It is recognized that six months have passed since the defendant received the notice of termination of the land lease contract of this case. The land lease contract of this case was lawfully terminated pursuant to Article 635 of the Civil Act.

Therefore, the defendant is obligated to remove the building of this case to the plaintiffs and deliver the land of this case, which is the site, unless there are special circumstances.

In this regard, the defendant asserts that he shall exercise the right to demand the sale of land against the lessor as the lessee, so the lessee can exercise the right to demand the renewal or the right to demand the purchase of the structure in accordance with the Civil Act when the period of the land lease expires.