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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. Basic facts
A. 1) On September 6, 2001, the Plaintiff and the Plaintiff’s wife (D) are E large 220 square meters (hereinafter “instant land”).
(2) On September 27, 2012, the Plaintiff acquired the ownership of the real estate listed in the separate sheet (hereinafter “instant building”), which is a ground building for the instant land (hereinafter “instant building”).
3) Although the land category of the instant land is a building site, it was designated as a road as a site for urban planning facilities (road) by the decision of Gangwon-do publicly announced urban planning facilities (road) on July 20, 1981. (B) On November 14, 2012, the Plaintiff filed a claim for purchase of the instant land and the instant building pursuant to Article 47(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) at the Dong-gu Si, Dong-do.
2) On December 3, 2012, the Dong Sea notified the Plaintiff of the purchase decision on the instant land and the instant building. (c) On April 21, 2013, the Plaintiff: (a) leased the instant building to C as a deposit of KRW 12 million; (b) monthly rent of KRW 400,000; and (c) the term of the lease from April 21, 2013 to the time of the removal of the instant building; (c) agreed to receive business compensation in half at the time of the removal of the instant building; and (d) on January 2017, the Plaintiff agreed to pay the Plaintiff the cost of the instant building to the Defendant at the time of repair; (c) the Plaintiff divided the instant building into a deposit of KRW 15 million; (d) monthly rent of KRW 400,00; and (e) the term of the lease from January 31, 2017 to the date of removal; and (d) the Plaintiff agreed to receive each of the instant lease agreements (hereinafter referred to as “the instant removal”).
2) At the time of entering into the instant lease agreement, the Defendant was aware that the instant land was incorporated into a site for urban planning facilities (road) at the same time, and thus, the instant building will be removed in the future. 3) The Defendant, among the lease deposit, to C, who is the lessee, and three million won.