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(영문) 서울동부지방법원 2017.05.25 2016가단103072

약정금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. From around 1985, E leased 20,612 square meters (hereinafter “instant land”) to G from 1993 to Hanam-si, the said land was leased from 1993 to Defendant C with a lease deposit of KRW 20,000,000,000 per annum, annual rent of KRW 13,000,000, and the lease period of KRW 1.3 million.

At the time, Defendant C leased the land near the instant land and leased the instant land at the time of the termination of the lease while engaging in bean cultivating business at a place.

The above lease agreement between E and the defendant C was renewed every year.

Defendant C installed a vinyl, etc. on the instant land, and cultivated bean water again at all times.

B. On May 1, 2007, E and Defendant C added to the provision that “When E loses its status as a self-employed farmer due to the land lease agreement, Defendant C bears 100% of the amount corresponding to the reduction of capital gains tax on self-owned farmland” (Article 5; hereinafter “instant issues clause”).

C. On November 3, 2011, E died, and there was K, as its heir, the Plaintiffs, I, J, and wife, who were their children. However, the heir, through the division of inherited property agreement, concluded that the instant land was owned by Plaintiff B, I, and J, and completed the registration of ownership transfer in their names (each 1/3 shares) around April 30, 201.

After that, from May 19, 2012, the Plaintiffs (I and J, Plaintiff A, a joint lessor) renewed the instant lease agreement with Defendant C every year, and the instant key provisions were maintained in the course of renewal of the lease agreement.

Meanwhile, the annual rent from 2009 to 2015 has increased to KRW 15 million.

The instant land was expropriated on April 21, 2015 according to the implementation of the L-Housing Project by the Korea Land and Housing Corporation.

Plaintiff

B, I, and J have received each of the 535,850,360 won and the total of 1,607,551,080 won from the Korea Land and Housing Corporation.