임대차계약유효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On October 5, 2010, the Defendant purchased the instant land from the Plaintiff in KRW 953,662,00, as farmland purchase projects implemented as part of farmland banking projects under the Korea Rural Community Corporation and Farmland Management Fund Act. On October 12, 2010, the Defendant leased the said land to the Plaintiff on October 13, 2010, setting the lease period from October 13, 2010 to October 12, 2017 (hereinafter “instant lease agreement”).
B. According to the instant lease agreement, the Plaintiff paid the rent to the Defendant’s bank deposit account through a financial institution designated by the Defendant’s notice of payment by January 15 each year during the lease period (Article 3(1)), and the Defendant shall notify the Plaintiff of the notice of termination in writing when the Plaintiff delays the payment of the rent for not less than three months during the lease period without justifiable grounds, and may terminate the said contract 60 days after the date of arrival of the notice.
(Article 7(2)(c).
On January 18, 2013, the Defendant sent to the Plaintiff the first demand notice on the aggregate of KRW 9,586,710 for rent and overdue interest as of January 15, 2013, the second demand notice on February 6, 2013, and the third demand notice on February 25, 2013 by registered mail.
On April 16, 2013, if the Defendant did not pay the rent to the Plaintiff by June 15, 2013, the Defendant sent a prior notice of termination of the instant lease contract (hereinafter “instant notice”) by registered mail (hereinafter “instant notice”) as of June 16, 2013. On April 18, 2013, B received the said notice while serving as the Plaintiff’s corporate partner fee.
E. On July 4, 2013, the Defendant did not pay the rent to the Plaintiff. As such, on July 1, 2013, the Defendant sent a notice of termination of the instant lease agreement by registered mail indicating the intent to terminate the instant lease agreement as of July 1, 2013, and the Plaintiff received it on July 8, 2013.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1-1, 2, 3, Eul evidence 2, 4.