임대료
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Litigation costs;
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is one of the 7/8 equity right holders in the case of the Plaintiff’s own land C-D, E-F, G-H and I, J, K, L, and M 22 lots (hereinafter “instant farmland”) in Yong-Namnam-gun, G-H and the Plaintiff is one of the 7/8 equity right holders in the case of the Plaintiff’s own land.
The following contents were entered into with the Korea Rural Community Corporation.
The annual lease fee for the farmland, etc. indicated in Article 4 (Lease Fee) of the annual lease fee of KRW 12,923,000 from July 30, 2009 to July 29, 2017 shall be the amount of the said indication determined by mutual agreement between the truster and the Corporation.
If the rent agreed under the provisions of Article 8 (Increase or Decrease of Lease Fee) is not reasonable due to a change in the economic situation, etc., the rent may be increased or decreased upon the consent of the lessee.
Article 11 (Transfer of Farmland, etc.) (2) The Corporation shall have the right to lease the farmland, etc. entrusted through the conclusion of this contract to farmers (the right to enter into a contract with the lessee in the name of the Corporation) and to possess and manage the farmland, etc. to the extent necessary for performing its duties concerning the lease and management.
Article 21 (Other Matters) (2) Any change in contractual matters during a contract period may be changed only by a written agreement of the parties, and any changed document shall be attached in sequence to this contract.
B. On July 29, 2009, the Defendant leased the instant farmland from the Korea Rural Community Corporation as KRW 17,738,000 per annum from July 30, 2009 to July 29, 2017. On February 5, 2010, the Defendant paid KRW 17,738,000 for the annual lease fee to the Korea Rural Community Corporation.
C. On May 31, 2010, the Plaintiff sold to the Korea Rural Community Corporation the land in the instant case, I, J, K, L, and M five lots (hereinafter “instant purchase”). The Korea Rural Community Corporation sold the said five parcels to the Defendant on the same day.
The defendant is among the farmland of this case.