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1. The Defendant indicated in the attached Form No. 38, 39, 40, 41, 42, 43, 44, 45, among the land size of 1,944 square meters in Sinsi-si Do, Sinsi-si, the Intervenor succeeding to the Plaintiff.
Reasons
1. Basic facts
A. On September 27, 2017, the Plaintiff (Withdrawal) purchased D’s 1,944 square meters (hereinafter “instant land”) from his/her clan E (hereinafter “non-Korean clan”) from his/her own Seocho-si, Young-si, and completed the registration of ownership transfer on the ground of such purchase on November 1, 2017.
B. On May 10, 2018, the Plaintiff’s succeeding intervenor received a trust from the Plaintiff (Withdrawal) on May 10, 2018, and completed the registration of ownership transfer on the same day.
Accordingly, the Plaintiff’s succeeding intervenor participated in the instant lawsuit, and the Plaintiff (Withdrawal) withdrawn from the instant lawsuit with the Defendant’s consent.
C. The Defendant is the owner of, legal or de facto, on-board (i) part of 53 square meters on-board (hereinafter “(i) land”) which connects each point of the attached Form No. 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, and 38 among the instant land in sequence, and is the owner of, or the person who has the right to dispose of, the structure of the ground brickd brickd, 44, 400 square meters (hereinafter “instant building”).
[Ground of recognition] Facts without dispute, Gap evidence 5-1, Gap evidence 6-8, Eul evidence 1-7, Eul evidence 1-7, the result of this court's entrustment of appraisal to the Youngbuk-dong Vice Governor of the Korea Land Information Corporation, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to remove the building of this case to the plaintiff succeeding intervenor and deliver (a) the land.
3. The defendant's assertion argues that since the defendant legally occupies the land (A) by leasing it from the non-party clan, he cannot respond to the plaintiff's request for removal, and he shall exercise his right to purchase the building of this case.
If the term of lease expires in the lease of land for the possession of a building, etc. or the lease expires by the notification of the termination of the lease without fixing the term, the lessee may request the lessor to purchase the building, etc. at a reasonable price pursuant to Article 643 of the Civil Act
1. A lessee;