건물소유 목적의 토지 임대차에서 미등기무허가 건물 매수인의 건물매수청구권

토지의 등록과 등기 제도의 관계를 다뤘다.

This thesis is for the subject of study in Korean Supreme Court 2013. 11. 28. 2013다48364,48371 deciding whether or not to permit the owner’s purchase claim for unregistered and unlicensed buildings in the buildings ownership of land lease. 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 court’s decision has the meaning in that it considers the position of building owner and the object of this system. For the specific, it is the first precedent that when an occupant acquires the right of lease from land tenant, the occupant can use the right of purchase claim in principle. Also, this verdict can be applied to the case that land tenant transfers the right of lease to the purchaser with the agreement of the leaser.