임차권확인등
1.The judgment of the first instance, including a claim for exchange change in the trial, shall be modified as follows:
1. Basic facts
A. The Appointor set up 13 Haxs 13 on the ground of the instant land owned by the Defendant, the father of the Appointor.
B. On August 25, 2010, the Defendant, the Appointor, and the Plaintiff drafted the instant notarial deed with the following content.
Contracts for the sale and transfer of corporeal movables
1. The Plaintiff purchased from the Defendant and the Appointor 13-dongs of this case for KRW 50 million.
(2) On May 21, 2009 to May 20, 2019, the Defendant and the Appointor stated that the instant contract for the transfer of the entire agricultural crops to the Plaintiff is “acquisition” but appears to have been transferred in the overall context.
3. The Plaintiff shall pay KRW 15 million to the Defendant and the designated parties once every three years.
Provided, That the payment of KRW 5 million per year shall be made in advance, and the three-year advance payment shall be made in advance. The remaining five million won shall be paid on May 21, 2018.
(hereinafter referred to as the “instant lease contract”).
The Plaintiff was handed over the land of this case and the Hask 13 Hask 13 of this case around the time the notarial deed of this case was prepared.
(In the absence of dispute, each description of Gap evidence Nos. 1, 2, and 4, and the purport of the whole pleadings)
2. Judgment as to the main claim
A. According to the above facts of determination as to the claim for confirmation of the right of lease on the instant land and the claim for confirmation of the ownership on the instant parcels of land 1), barring any special circumstance, the Plaintiff has ownership on the instant land as to the right of lease and the right of lease and the right of lease and the right of ownership on the instant parcels of land with a annual rental fee of five million won from May 21, 2009 to May 20, 2019. Furthermore, as long as the Defendant asserted that the instant lease and the sale contract were null and void or cancelled, it is difficult to confirm that he/she has the Plaintiff with the right of lease and the ownership on the instant parcels of land, barring any special circumstance).