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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 reasons for the acceptance of the judgment of the first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the defendant emphasizes or adds to this court, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. According to the land lease contract, the Defendant entered into a lease agreement with the former owner F of the instant land, and the Plaintiff succeeded to the lessor’s status while purchasing the instant land. Even if the said lease agreement was terminated without succeeding to the lessor’s status, the Defendant asserts that the Plaintiff may exercise the right to claim renewal of the contract or the right to claim purchase of the land against the Plaintiff pursuant to Articles 643 and 283 of the Civil Act, since the instant building exists on the ground of the instant land, even if the said lease agreement was terminated without succeeding to the lessor’s status, the lessee may claim renewal of the contract or the right to claim purchase the land against the Plaintiff pursuant to Articles 643 and 283 of the Civil Act in cases where the lease of the land for the purpose of ownership of the building, etc. expires due to the expiration of the lease period or the right to claim the termination of the lease without setting the period.
The lessee's right to demand the purchase of the ground property is to preserve the remaining value of the ground building from the national economic point of view and to protect the lessee from the exclusive ownership of the landowner, and in principle, it can be exercised against the lessor who has the land ownership at the time of termination
Where the lessor transfers the ownership of land to a third party due to the transfer of land, etc., if the status of the lessor is succeeded, or the lessee may oppose the right of lease against the landowner, the new landowner.