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1. Defendant B’s appeal shall be dismissed;
2. Defendant A’s appeal is dismissed.
3. The costs of appeal shall be borne by the Defendants.
Reasons
1. Although Defendant B sought a change in the judgment of the court of first instance through the instant appeal, Defendant B merely stated the same content as that of the judgment of the court of first instance as that of the instant appeal, it did not specifically assert the legal status or legal relationship to be restored or achieved by the instant appeal.
Therefore, Defendant B’s appeal cannot be deemed to have benefit from appeal as shown in the exercise of the right to appeal, and this part of the appeal is unlawful.
2. Determination as to the claim against Defendant A
A. The reasoning for this part of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance (hereinafter “1. Basic Facts”). Therefore, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.
B. According to the above findings of the determination as to the cause of the claim, unless the defendant A proves the legitimate title to occupy the land of this case, the plaintiff shall claim for the claim established on the land of this case.
A. A. The Plaintiff is obligated to remove each household building described in paragraphs (1) through (11) and deliver the instant land, and as sought by the Plaintiff, the Plaintiff is obligated to return unjust enrichment equivalent to the rent calculated at the rate of KRW 31,159,200 per annum from April 16, 2017, the day following the expiration of the lease term with L until the completion of the obligation to remove and deliver the said building.
C. Defendant A’s assertion argues to the effect that “Irre may exercise the right to demand purchase of a ground building against the Plaintiff who acquired the status of the lessor by acquiring the instant land during the said lease period, as Irre, constructed a temporary building with L’s consent after leasing the instant land from L, and the lease period expires.”
Where a lessee rents land for the purpose of owning a building or other structure, he may exercise a claim for purchase of ground against the lessor when the term of lease expires, and it shall be from the lessor.