Where a lessee of land exercises the right to purchase a building constructed on the ground, the method of calculating the market price of the above ground building.

Where the owner of a building has exercised his/her right to purchase a building against the lessor pursuant to Article 643 of the Civil Act as the period of the land lease contract for the purpose of owning the building expires, the purchase price of the building refers to the market price assessed under the current state of the building as at the time of exercising the right to purchase the building, comprehensively taking into account the location of the building in addition to the price of

Article 643 of the Civil Act

[Defendant-Appellee] Plaintiff 1 and 3 others

Defendant 1 and two others

Suwon District Court Decision 86Na95 delivered on December 26, 1986

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

We examine the grounds of appeal.

As the period of a land lease contract expires for the purpose of owning a building, the purchase price of the building is regarded as the market price assessed at the present condition of the building at the time of exercising the purchase right by comprehensively taking into account the location of the building in addition to the price of the building itself, various circumstances of surrounding land, etc. In the same purport, the lower court, in determining the purchase price of the building of this case following the Defendants’ exercise of the purchase right, is located within the so-called green belt where the building of this case is development restriction area, and the market price of the existing building in the area is located within the development restriction area, and the market price of the existing building can raise the value of the land in the development restriction area due to the increase or renovation of the existing building. It is reasonable to calculate the purchase price of the building of this case according to the market price appraisal by the Nonparty of the first instance appraiser of the building who calculated the market price of the building in accordance with the market price appraisal by the Nonparty of the building at the location of the building. It cannot be said that there is no error of law by misapprehending the legal principles of the

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Choi Jae-ho (Presiding Justice)