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(영문) 대전지방법원천안지원 2014.08.22 2014가단1160

토지이용대금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 1, 2008, the Defendant entered into a contract with the deceased F (hereinafter “the deceased”) to lease G forest land of 15,484 square meters (hereinafter “the instant forest”) owned by the deceased in Asan City owned by the deceased (hereinafter “the instant lease contract”).

The important contents of the instant lease agreement are as follows.

- Period: From December 1, 2008 to December 2012, 2014 - Rent: KRW 24,000,000 for six years (the lease contract includes a lease deposit, but does not dispute as to the fact that it is a rent actually). - down payment of KRW 5,000,000 is paid at the time of the contract and the balance is paid in the presence of the broker.

B. On December 4, 2008, the Defendant remitted KRW 19,000,000 to the account of the wife H, and E remitted KRW 10,000,000 to the deceased’s account on June 24, 2009.

C. The Deceased died on April 13, 2010, and the Plaintiff B and C, who is the wife, succeeded to the property of the Deceased.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 2 and 3 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant is obligated to divide the remaining KRW 14,000,000,000, excluding the amount of KRW 10,000,000,000 for the plaintiffs, among the rent under the instant lease agreement, according to the inheritance ratio of the plaintiffs, to pay KRW 6,00,000 to the plaintiff A, and KRW 4,00,000,00 for each of them.

B. Comprehensively taking into account the evidence No. 1 of the judgment on the Defendant’s defense for repayment and the purport of the entire pleadings as to the testimony of the witness E, the forest of this case was originally leased KRW 6 years from the Deceased, KRW 2,00,000 per annum from October 20, 2008, and as E was unable to maintain the lease due to personal circumstances, the lease contract of this case was concluded with the Defendant at the end of physical coloring a new lessee upon delegation from the Deceased. ② The Defendant was on the date of the contract to E at the same place with the Deceased on December 1, 2008.