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(영문) 대전지방법원 2015.07.09 2014가합5184

지상물매수 등

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1. Defendant (Counterclaim Plaintiff) B: (a) KRW 4,726,00,00 against the Plaintiff (Counterclaim Defendant) and its related amount from July 23, 2014 to July 9, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. D, the father of the Plaintiff who entered into a contract for the use of each of the instant lands between D and Defendant B, around 1998, entered into a land use contract with Defendant B, stating that “D uses and benefits from each of the instant lands listed in the separate sheet (hereinafter collectively referred to as “each of the instant lands”) without setting the period D, and receive the negligence of trees (a) already planted on the ground, and where the productivity of the said trees has deteriorated, D may plant new trees, and D shall pay KRW 2,500,000 each year to Defendant B in return for the use of and benefit from each of the instant lands and trees as above (hereinafter “instant contract”).

B. Around that time, D paid the money for the use and profit-making of each of the instant lands and Defendant B, by taking over each of the instant lands from Defendant B until he died on January 3, 2009, occupied and used each of the instant lands, and received negligence from trees planted on the ground, and paid KRW 2,500,000 annually to Defendant B in return.

C. The Plaintiff’s specific succession to the status of Defendant D under the instant contract succeeded to the status of Defendant D’s instant contract with the consent of Defendant B after the death of D, and occupied and used each of the instant land from March 2013, and received fruits from trees planted on the ground, while paying KRW 2,50,000 annually to Defendant B in return.

The status of each land of this case, among each land of this case, tree tree is planted on each ground listed in the attached Tables 1 and 6, and on each ground listed in the attached Tables 2 through 5, and 7, on each land listed in the attached Tables 2 through 5 and 7.

E. Of the inherited property of D on June 25, 2015, the Plaintiff, E, F, and G, the heir of D’s agreement on the division of inherited property, the Plaintiff, E, F, and G, which were due to the nonperformance by Defendant B under the instant contract.