When a lease contract is terminated due to the lessee's default of obligation, etc. in the lease, no right to renew the contract or right to purchase shall arise to the lessee.

When a lease contract is terminated due to the lessee's default of obligation, etc. in the lease, no right to renew the contract or right to purchase shall arise to the lessee.

Article 643 of the Civil Act, Article 283 of the Civil Act

Plaintiff

Defendant (Attorney Park Jong-ok et al., Counsel for defendant-appellant)

Daegu High Court Decision 72Na260 decided September 20, 1972

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

As to the ground of appeal No. 1 by Defendant

According to Article 283 of the Civil Act, which applies mutatis mutandis to the lease contract, the right to claim purchase of a person holding superficies, when the superficies terminates due to the expiration of the term of the superficies, and when the person holding the superficies does not want the renewal of the contract, the right to claim purchase should be deemed a legal principle that can exercise the right to claim purchase only when the person holding the superficies does not want the renewal of the contract. Therefore, even in the case of the lease, the right to claim purchase of the lessee is not likely to occur when the lease contract is terminated due to the lessee's default, etc., and therefore, it cannot be interpreted that the lessee's right to claim purchase may not occur in the original judgment, and according to the facts established by the original judgment, the defendant is constructing and owning the building, but the right to occupy the land is lost, so that the removal of the building and the delivery of the site are mandatory, and the execution is impossible.

As to the ground of appeal 2

In theory, Nonparty 1 and Nonparty 2’s statement portion of the witness in the lawsuit shall not be interpreted as a decision based on the original judgment that the original judgment did not have adopted it, and it is not a legitimate ground of appeal and there is no illegality in the judgment that did not regard the plaintiff’s claim as an abuse of rights in the case where the original judgment was recognized. All arguments are without merit, and there is no illegality in the judgment that did not regard the plaintiff’s claim as abuse of rights.

Therefore, according to Articles 400, 395, and 384 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.

The two judges of the Supreme Court (Presiding Judge) the Red Net Sheet