사용료
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
A. 30,737,265 won and its related thereto from March 4, 2017 to May 17, 2018
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
On December 18, 1980, the Plaintiff completed the registration of transfer of ownership with respect to C forest land 179,258 square meters (hereinafter “instant land”) among each of the above land, the Plaintiff completed the registration of transfer of ownership with respect to C forest land 179,258 square meters (hereinafter “instant land”).
From around that time, the Plaintiff entered into a lease agreement with the Defendant’s father G and Chungcheongnambuk-gun E-si, 579 square meters, D 660 square meters, F 1,624 square meters, and some of the instant land at issue, and G used fruit trees as an orchard from the said land.
After G died on April 28, 1994, the Defendant succeeded to the above lease contract.
As of the date of the closing of argument in the instant case, the Defendant used each of the instant land to connect the instant land with the land not exceeding 4-50, 161-176, 110-112, 177-192, 120-122, 160, 159, 158, 157, 156, 155, 154, 153, 152, 151, 150, 149, 147, 146, 145, 144, 143, 142, and 145, 142, among the instant land at issue (attached Form 2) by adding the land at issue to the land at issue in the instant case (hereinafter referred to as “land at issue”).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including a provisional number; hereinafter the same shall apply), the inquiry results on the voice offices supporting the National Agricultural Products Quality Management Service of this court, and the defendant's main defense to the purport of the entire pleadings, the defendant asserts that the main defense of this case is unlawful, since the defendant did not elect H as representative at the plaintiff's general meeting and did not go through legitimate resolution prior to the filing of the main lawsuit of this case, the main lawsuit of this case is unlawful.
In full view of the purport of the argument in Gap evidence No. 6, the plaintiff holds an ordinary general meeting of 11:00 on January 1, 2015 and selects H as the representative of the plaintiff with the consent of 25 members present, and recognizes the facts of the resolution to institute the principal suit in this case. Thus, the defendant's defense is justified.