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(영문) 인천지방법원 2018.10.12 2018나2172
토지인도 및 건물철거
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except for the addition of the judgment on a new argument in the defendant’s trial at the court of first instance to the judgment, and thus, the reasoning of the judgment is as stated in the part of the reasoning of the judgment of first instance. Thus, it is acceptable in accordance with

2. The defendant asserts that the plaintiff shall exercise his right to purchase the building in accordance with Article 643 of the Civil Act.

In a case where the lease contract is terminated due to the lessee’s default on the part of the lessee in the land lease for the purpose of owning the building, the lessee of the land may not request the lessor to purchase the building on the ground (see, e.g., Supreme Court Decision 2003Da7685, Apr. 22, 2003). As seen earlier, the lease contract of this case was terminated on the ground that C transferred the lease right of this case to the Defendant without permission, and the above assertion by the Defendant is without merit.

3. In conclusion, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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