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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the following dismissals or additions, and therefore, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. On the 8th judgment of the first instance court, the part which is dismissed or added is "right to claim for the purchase of the earth's surface" as "right to claim for the purchase of the earth's surface."
Part 13 through 19 of the decision of the court of first instance shall be as follows.
1. As seen earlier, the Plaintiff acquired ownership by completing registration of ownership preservation in the name of the Plaintiff on the instant building in accordance with a special agreement entered into between the Defendant and the Defendant at the time of the conclusion of the instant lease agreement.
Since the Defendant’s right to purchase ground property is premised on a lease agreement of land for the purpose of owning a building or other structure, so long as the ownership of the instant building was transferred to the Plaintiff according to a special agreement at the time of conclusion of the instant lease agreement, it is difficult to view that the instant lease agreement is a lease agreement of land for the purpose of owning the building, and thus, it is difficult to deem that the right to purchase ground property under such premise is recognized. As the registration of ownership preservation under the special agreement at the time of conclusion of the instant lease agreement is in accordance with the title trust agreement between the Plaintiff and the Defendant, and the Defendant is the owner of the instant building, and even if the Defendant was to return or remove the instant building to the Plaintiff after the expiration of the lease agreement and the alteration agreement, it constitutes an agreement to waive the right to purchase ground property, and the Defendant’s return or remove the instant building to the Plaintiff after the expiration of the lease agreement at issue. The Defendant’s original acquisition of the instant building and completed the