임차인의 지상물매수청구권 행사의 효과 - 토지에 미치는 영향을 중심으로 -

In cases of land lease which is to own a building or any other structure, if the lessee requests a claim to purchase things on the ground, a contracts which for the purchase of things on the ground will be formed between the lesser and the lessee. At the same time of be given the price of purchase and sale, the lessee is bound to deliver the object to the lesser, to cooperate in effecting necessary formalities for the registration of the registration of ownership transfer. Meanwhile, as the periods for lease has concurrently terminated, issues about the delivery of the object and the unjust enrichment between the lesser and lessee would be occur. Even in cases of the lessee does not take profit from or possess, consider the lessee’s ownership of things on the ground is a way of be given the price of purchase claim, according to the principle of fairness which is the basic ideology of unjust enrichment law, the lessee‘s ownership does not compose unjust enrichment to the lesser. Therefore, the precedent which bow to unjust enrichment to this case is unjust. in case of the lessee claims ‘exceptio non adimpleti contractus’ when the lesser claims that the lessee should bound to deliver the things on the ground to the lesser, to cooperate in effecting necessary formalities for the registration of the registration of ownership transfer and return the land to the lesser, the lessee’s claiming ‘exceptio non adimpleti contractus’ is justifiable considering that the land will be give to lesser concurrently when the lessee deliver the things on the ground to the lesser. Thus the holding should be the same.