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1. The Plaintiff:
A. Defendant B, among the lands listed in the separate sheet, shall include the indication 1, 2, 3, 4, 5, 6, 7, 8, and 1 of the separate sheet.
Reasons
1. Determination as to the claim against the defendant B
A. As to the cause of the claim, there is no dispute between the Plaintiff and the Defendant B as to the fact that Defendant B is the owner of the building No. 1, and according to the purport of the entry and the entire pleadings as to the land listed in the separate sheet No. 2 (hereinafter “instant land”), the fact that the ownership transfer registration has been completed in the Plaintiff’s name as to the land listed in the separate sheet (hereinafter “instant land”). As such, Defendant B is obligated to remove the first building to the Plaintiff presumed to be the owner of the said land and deliver each land in possession of the said building (hereinafter “
[Along with the Plaintiff’s claim against Defendant B for the removal from the first building, even if the owner of the building occupies the land owned by another person through the ownership of the building, the owner of the land can only request the removal of the building and the delivery of the part of the site, and cannot request the person who occupies the building owned by him/her to leave the building (see Supreme Court Decision 98Da57457, Jul. 9, 199), and the Plaintiff’s claim for this part is without merit).
As to the defense, Defendant B leased the portion of the land No. 1 from E, the former owner of the instant land, for the purpose of owning the building No. 1, and accordingly, Defendant B asserted that the Plaintiff, who succeeded to the said lease, purchased the instant land and exercised the right to purchase the ground property under Article 643
On the other hand, the lessee's right to demand the purchase of the ground object is merely a right against the lessor, and in order for the lessee to exercise his right to demand the purchase of the ground object against the new owner of the land rather than the original lessor, the lessee's right to demand the purchase of the ground object should be the right against the third party.
In this case, the Plaintiff’s land from E.