토지인도
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall each be the Plaintiff-Counterclaim 21,821 square meters in Jeju-si and D forest land 7,755 square meters in Jeju-si.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 1, 2012, the Plaintiff entered into a lease agreement (hereinafter referred to as “the first lease agreement”) with the Defendant on the following grounds: (a) the Plaintiff was divided into KRW 2.5 million per annum with respect to the land for the burial area E on October 17, 2014 and KRW 8,496 square meters per annum with respect to the land for the burial area E on March 1, 2012 (hereinafter referred to as “instant burial area”); (b) the period of lease from March 1, 2012 to March 1, 2013 (the Defendant is deemed to be up to March 1, 2017; but the said assertion is not acceptable on the grounds as seen thereafter).
B. On March 3, 2013, immediately after the termination of the first lease agreement, the Plaintiff entered into a lease agreement with the Defendant on the subject matter of the first lease agreement and on March 3, 2013, KRW 21,821 square meters per annum (hereinafter “the instant miscellaneous land”) (the annual tax of KRW 2.5 million per annum of the instant miscellaneous land, KRW 2.5 million per annum of the subject matter of the first lease agreement, and KRW 2 million per annum at the time of entering into a contract, and the remainder of KRW 1 million shall be paid on May 22, 2013), the lease agreement between March 3, 2013 and March 3, 2014 (hereinafter “second lease agreement”).
C. The Defendant did not pay the remainder of KRW 1 million out of the annual rent of KRW 3 million under the second lease agreement, even after the lapse of May 22, 2013. However, on February 28, 2014, immediately before the expiration date of the second lease agreement, transferred KRW 3.7 million to the Plaintiff’s bank account.
On May 23, 2014, the Plaintiff asserted that, on December 26, 2013, the Plaintiff notified the Defendant of his/her intention to terminate the second lease agreement on the grounds that he/she was not paid KRW 1 million out of the annual rent of the second lease agreement, and notified the Defendant of his/her intention to restore the leased object to its original state, and again, on December 19 and December 23, 2014, the second lease agreement was expired on March 3, 2014, and the purport that he/she would not renew the lease agreement. < Amended by Act No. 13183, Mar. 3, 2015>