초록/요약

This thesis is for the subject of study in Korean Supreme Court 2017. 4. 26 2014da72449,72456 deciding. Art. 643 Korean Civil Code is for the purpose to conserve residual value of ground building in the point of view of national economy and to protect the tenant who can be easily sacrificed by landowner’s using exclusive right. Up to now, Supreme Court ruled that unregistered and unlicensed building can be the subject of purchase claim if economical value remains when concluding the lease and if the building is not built against the purpose of lease with unpredictable high price. The Supreme Court, in principle, is the landlord who is the owner of the land at the time the tenant's right to purchase ground property in the lease of land for the purpose of owning a building. It has been revealed that it is possible. In this case, the plaintiff, who was not the lessor, immediately exercised the right to claim for purchase of the ground because the plaintiff, who is the owner of the land or the registered name, is in a title trust relationship with the lessor B, or that B is in a relationship that allowed the use and income of the land. I saw that I could be the other person. However, the Supreme Court argued that if a third party other than the land owner conducts the land lease, the third party legally represents the land owner or the land owner confirms the third party's unauthorized representation. Land owners other than landlords, unless otherwise specified, such as that the landowner has succeeded to the landlord's position (this includes cases with countermeasures) if the land is leased by a third party as a party to the lease contract. By clarifying that it cannot be the other party to the above-ground property purchase claim, the scope to which the existing laws apply was reconfirmed in detail.