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(영문) 서울중앙지방법원 2013.11.15 2012가합79274

임대차계약무효확인

Text

1. The Defendant’s KRW 659,655,90 for the Plaintiff and KRW 5% per annum from January 1, 2013 to October 30, 2013.

Reasons

1. Basic facts

A. The project was planned to build nutrition 1, 2 wind power generation complexes by establishing Gwanak-si Energy Korea Co., Ltd., Spanish Energy Co., Ltd., nutrition wind power generation corporation, and Defendant. The nutrition wind power generation corporation, B, C, and D purchased all forest and forest land E in Gyeongbuk-gun which are necessary for the construction of nutrition 2 wind power generation complexes in 2007 and leased them to the Nutrition wind power generation corporation.

B. B: (a) on September 9, 2008, around 9, 2008, 922,711 square meters of F forest land (hereinafter the instant F forest); (b) on February 2, 2009, G forest land 74,182 square meters (hereinafter the instant G forest); (c) on October 24, 2007, H forest land 89,256 square meters; and (d) on October 24, 2007, 75,372 square meters of I forest land (hereinafter the instant H and I forest land); and (c) on April 20, 2007, C purchased the registration of ownership transfer at around that time.

C. B and C concluded a lease contract with respect to the nutrition wind power generation corporation and each forest land of this case from March 2008 to September 2008 as shown in the attached Table.

Among them, the main contents of the instant lease agreement on the F Forest are as follows, and in the case of the lease agreement on the remaining forest among the forest in this case (hereinafter collectively referred to as each of the instant lease agreements), the main contents of the agreement are the same with the exception of the following: (a) the lessor’s obligation to submit a written consent; (b) the portion of the “ obligation to complete a punishment” and the “ lessee’s obligation to pay the price” (the annual rent is equal to KRW 10 million per wind power generation unit per one).

Article 1 Lease Lease (B) shall lease the instant F forest to the lessee (referring to the Nutrition SPS Corporation) and the lessee shall build, own, and operate wind power generation devices, transformers, auxiliary facilities, etc. on the ground of the leased object, or operate any other business related thereto.