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(영문) 전주지방법원 정읍지원 2017.01.10 2015가단12114

토지인도

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 28, 2012, the Plaintiff entered into a contract with Defendant A to lease each of the lands listed in the separate sheet Nos. 1 through 4 with Defendant A, with the term of lease from July 28, 2012 to July 27, 2017, and the rent of KRW 1,306,000 per annum (payment from January 15, 2013 to January 15 each year), and around that time, delivered each of the lands to Defendant A.

Defendant B jointly and severally guaranteed the obligation to pay the rent of Defendant A under the above contract.

B. On October 9, 2012, the Plaintiff entered into a lease contract with Defendant A with respect to each of the lands listed in Articles 5 and 6 of the separate sheet with Defendant A, with the term of lease from October 9, 2012 to October 8, 2017, and the rent of KRW 812,000 per annum (payment from January 15, 2013 to January 15 each year) and entered into a lease contract with Defendant A (hereinafter “instant contract”). At that time, the Plaintiff delivered each of the instant lands to Defendant A.

Defendant B jointly and severally guaranteed the obligation to pay the rent of Defendant A under the above contract.

C. The provisions regarding the instant case in each lease agreement prepared at the time of the instant contract are as follows.

Article 7 (Termination and Rescission of Contract) (1) "A" shall notify in writing when any of the following causes occurs during the term of lease after the conclusion of this contract, and may terminate this contract after the lapse of 60 days from the date of arrival of such notification:

3. Where the "B" (Defendant A) dies and there is no universal successor to the agricultural industry;

8. Other cases where “B” has been determined by the Council for Deliberation on Branch, which is difficult to continue to lease due to management insolvency, etc. (2) “B” may terminate this Agreement after the lapse of 60 days from the date of arrival of the notification, provided that any of the following causes has occurred during the lease period after the conclusion of this contract:

2. The term "B" shall be leased farmland due to a disease, conscription, school attendance, revolving, election, etc.;