토지임차인의 지상물매수청구권 포기약정의 효력 - 판례를 중심으로 -

Focusing on precedent, this thesis examines the validity of the abandonment stipulation, when a lessee gives up an exercisable claim to purchase things on the ground by a contract with a lessor. In case of the end of land lease on the condition that there are things on the ground such as building in an actual suit, a battle is proceeded as that a lessor files a suit of claim for building demolition and land transfer to a lessee, a owner of things on the ground, because of the end of land lease, so a hirer insists wielding a claim to purchase things on the ground, and then a lessor refutes that there is no reason of wielding a claim to purchase things on the ground of a lessee, because of abandonment stipulation of a claim to purchase things on the ground. A claim to purchase things on the ground of a lessee can be wielded, when land lease should be finished by the expiration, things on the ground should be existed, and a lessor refutes a renewal of lease. If a lessee wields a claim to purchase things on the ground, it is admitted that a sales contract comes into existence about things on the ground. Likewise, sometimes, a claim to purchase things on the ground, a strong institutional strategy for a lessee, is abandoned by stipulation between people directly involved of lease. While our civil law stipulates a claim to purchase things on the ground of a lessee toward a lessor in Article 643, Article 652 prescribes that a stipulation breaking above article and going against a lessee is ineffective. That is, if there is an abandonment stipulation, the stipulation is invalid as a rule, and is exceptionally valid. However, it is never understood that certain contents of Article 652 become a disadvantage to a lessee and do not become a disadvantage to a lessee in detail. This thesis analyzed accumulated precedents, so classified the standards of judgment that abandonment stipulation of a claim to purchase things on the ground of a lessee is exceptionally valid by types.